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ARMY | BCMR | CY2003 | 2003086512C070212
Original file (2003086512C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 November 2003
         DOCKET NUMBER: AR2003086512


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Carolyn Wade Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Gail J. Wire Member
Mr. Antonio Uribe Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that his Vietnam service be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3. The applicant states that he served in Vietnam for 6 months (March 1968 to September 1968) and that he wants that time reflected on his DD Form 214.

4. The applicant’s military records show he enlisted in the Regular Army on 24 August 1965 for a period of 3 years and the Station/Command of Choice Enlistment Option. Following all required military training, the applicant was awarded military occupational specialty 13A, Cannoneer, and was assigned to Korea.

5. The applicant’s DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service) shows that he served in Korea from 28 January 1966 to 28 February 1967, when he was given orders to Vietnam. He served in Vietnam from 5 April 1968 to 2 September 1968. His total foreign service was 1 year, 5 months, and 28 days.

6. The applicant was transferred from Vietnam to the United States and was honorably discharged on 2 September 1968 under the provisions of section VII, chapter 5, Army Regulation 635-200, by reason of early release of overseas returnees. His DD Form 214 shows: in Item 22a(1) (Net Service), he was credited with 1 year, 11 months, and 22 days of active military service; in Item 22 a(3) (Total), he was credited with 1 year, 11 months, and 22 days of active military service; in Item 22b (Total Active Service), he was credited with 1 year, 11 months, and 22 days of active military service; in Item 22c (Foreign and Sea Service), he was credited with 4 months and 28 days of foreign service; and in Item 30 (Remarks), it was recorded he had 17 days of lost time.

7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, or release from active duty service, or control of the Active Army. It establishes a standardized policy for preparing and distributing the DD Form 214, which is a summary of a soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states that the information placed in items 22a (1) 22a (3), 22b, and 22c is the total service completed between the inclusive dates of the current tour of duty

CONCLUSIONS:

1. The Board determined that there is a miscalculation in the applicant’s creditable service in items 22a (1) 22a (3), 22b, and 22c for the period of service ending 2 September 1968. His actual creditable active military service should have been 2 years, 11 months, and 22 days. This is based upon his total time served between 24 August 1965 and 2 September 1968 (3 years and 9 days) minus is lost time of 17 days. The applicant had 1 year, 5 months, and 28 days of foreign service (Item 22c) consisting of 1 year and 1 month service in Korea and 4 months and 28 days service in Vietnam.

2. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) showing for the period of service ending 2 September 1968:

a. In Items 22a (1), 22a (3), and 22b, "2 years, 11 months, and 22 days;"

b. In Item 22c, "(USARPAC) 1 year, 5 months, and 28 days;" and

c. In item 30 (Remarks), "Vietnam service (5 April to 2 September 1968)."

BOARD VOTE:

__fne___ __gjw___ __au____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2003086512
SUFFIX
RECON
DATE BOARDED 20031104
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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