IN THE CASE OF:	  

		BOARD DATE:  26 January 2012

		DOCKET NUMBER:  AR20110014785 


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 reflect his service in Thailand.

2.  The applicant states he has been a life member of the Veterans of Foreign Wars and his Post recently closed and two separate Posts refuse to accept his DD Form 214 as proof of his service in Thailand.  Accordingly, he desires to have his DD Form 214 corrected so that he can continue his membership. 

3.  The applicant provides:

* a copy of orders
* a copy of his DD Form 214
* two letters of commendation from his unit in Thailand
* two internet articles

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 20 February 1968 for a period of 2 years.  He completed his basic training at Fort Jackson, SC and his advanced individual training as a subsistence storage specialist at Fort Lee, VA before being transferred to Thailand on 23 July 1968.  He remained in Thailand until 15 July 1969 when he was transferred to Fort Benning, GA where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He completed 2 years of total active service.  The DD Form 214 he was issued at the time of his REFRAD shows in item 22c (Foreign and/or Sea Service) he served 1 year and 10 days in USARPAC (U.S. Army Pacific)

3.  Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214.  The regulation, in effect at the time, provided that the major command (i.e., USARPAC, USAREUR, FEPA, AMEA, etc) for the last overseas assignment would be entered in item 22c.  The regulation made no provisions for entering specific dates of service in Thailand on the DD Form 214.  However, the regulation did provide that item 30 (Remarks) could be used to add additional pertinent information.

DISCUSSION AND CONCLUSIONS:

1.  Although the regulation in effect at the time did not provide provisions for adding specific dates of assignment to areas such as Thailand, it did not preclude such entries.

2.  The regulation allowed additional pertinent information to be placed in the remarks section when needed.  Therefore, since there was no prohibition from making such entries for service in Thailand and since the intent of the DD Form 214 is to provide pertinent information to employers and service organizations, the applicant’s request appears to have merit.

3.  Accordingly, his DD Form 214 should be corrected to show in item 30 of his DD Form 214 the entry “Service in Thailand from 19680723 – 19690715.”


BOARD VOTE:

___X____  ___X ___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 adding to item 30 of his DD Form 214 the entry “SERVICE IN THAILAND FROM 19680723 – 19690715” to block 30 of his DD Form 214.



      _______ _ 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)                                         AR20110014785



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ABCMR Record of Proceedings (cont)                                         AR20110014785



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