IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110014351 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct amount of foreign service.

2.  The applicant states he served in Germany for 8 months and he served in Vietnam from 29 August 1968 to 22 March 1970 which amounts to approximately 2 years, 3 months, and 24 days of foreign service; however, his DD Form 214 shows only 1 year, 2 months, and 28 days.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 6 July 1967 for a period of 3 years and training as an engineer heavy equipment operator/maintainer.  He completed basic training at Fort Dix, New Jersey, and advanced individual training at Fort Leonard Wood, Missouri, before being transferred to Germany on 23 November 1967.  He departed Germany on 17 July 1968 after 7 months and 25 days and was transferred to Vietnam on 29 August 1968.

3.  He served in Vietnam for 1 year, 6 months, and 24 days.  He departed on 22 March 1970 for Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) that date as an overseas returnee.  He completed 2 years, 8 months, and 8 days of active service including 2 years, 2 months, and 19 days of foreign service.  However, his DD Form 214 issued at the time of his REFRAD reflects only 1 year, 2 months, and 28 days in block 22c (Foreign and/or Sea Service).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 does not accurately reflect his foreign service has been noted and was found to have merit.

2.  The applicant served 7 months and 25 days in Germany and 1 year, 6 months, and 24 days in Vietnam for a total of 2 years, 2 months, and 19 days of foreign service.  Accordingly, his DD Form 214 should be corrected to reflect that service.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the entry "1  2  28" in block 22c of his DD Form 214
* adding the entry "2  2  19" to block 22c of his DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________x_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110014351



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ABCMR Record of Proceedings (cont)                                         AR20110014351



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