RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050002330


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy Jr.   |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his discharge
document.

2.  The applicant states, in effect, that his discharge document is
incorrect and should be corrected to show his total foreign and/or sea
service as 17 months and 3 days.

3.  The applicant provides a copy of his DD Form 214 (Armed Forcers of the
United States Report of Transfer or Discharge), with an effective date of
13 May 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 May 1968, the date of his separation from active duty.  The
application submitted in this case is dated 2 February 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military service records show that he enlisted in the
U.S. Army on 26 January 1965 for a period of 3 years.  Upon completion of
basic combat training and advanced individual training, the applicant was
awarded military occupational specialty (MOS) 52A (Generator Specialist).

4.  The applicant's DD Form 214 shows in Item 26a (Non-Pay Periods/Time
Lost) that he had a total of 109 days time lost.  The applicant's
expiration of term of service was adjusted accordingly and he was honorably
separated from active duty in the U.S. Army on 13 May 1968 after serving a
total of 3 years.  Item 22c (Statement of Service - Foreign and/or Sea
Service) of this document contains the entry, "USARPAC" and shows that he
completed "0 Years, 4 Months, and
3 Days" of foreign and/or sea service.  This document also shows in Item 30
(Remarks) the entry, "EM Separated on temporary records and soldier's
affidavit".

5.  The applicant's military service records are incomplete, but indicate
that he was assigned to Supply Company, 15th Supply and Service Battalion,
1st Cavalry Division (Airmobile) in Vietnam in July 1965.  This is
supported by a DA Form 2658 (Health Record - Abstract of Service) in the
applicant's records which shows that he was assigned to the 15th Supply and
Service Battalion and that his servicing medical and dental activity was
Company A, 15th Medical Battalion (Vietnam), from August 1965 to July 1966.

6.  The applicant's records contain a DA Form 428 (Application for
Identification Card), dated 5 April 1966, and Headquarters, Supply Company,
15th Supply and Service Battalion, 1st Cavalry Division (Airmobile), Unit
Orders Number 30, dated 10 May 1966, which further document the applicant's
service in Vietnam during this time period.

7.  The applicant's records contain Headquarters, 1st Cavalry Division
(Airmobile), U.S. Forces (Vietnam), Special Orders Number 163, dated
12 June 1966, which show that the applicant completed 12 months overseas
during his current tour and that he departed Vietnam on 3 July 1966 for
reassignment to Headquarters, U.S. Army Security Agency, Arlington,
Virginia.

8.  The previously identified DA Form 2658 (Health Record - Abstract of
Service) also shows that, subsequent to 10 May 1967, the applicant was
assigned to Company B, 2nd Battalion, 502nd Infantry in Vietnam.

9.  The applicant's records contain Headquarters, 1st Brigade, 101st
Airborne Division (Vietnam), Letter Order Number 10-234, dated 1 November
1967, which shows that the applicant departed Vietnam on 1 November 1967 to
return to the continental United States for emergency leave.

10.  The applicant's military personnel records contain a copy of a
temporary
DA Form 20 (Enlisted Qualification Record) which contains a limited amount
of information.  However, Item 31 (Foreign Service) of this document shows
that the applicant served in the Republic of Vietnam, from 29 June 1967 to
1 November 1967 and that his normal tour (i.e., 12 months) was not
completed.
11.  Army Regulation 635-5 (Separation Documents), in effect at the time of
the applicant's separation, prescribed the separation documents that were
required to be prepared and furnished to Soldiers upon separation from the
Army.  It also established standardized policy for preparing and
distributing the DD Form 214.  Section III of this Army regulation contains
guidance on the preparation of the
DD Form 214.  Paragraph 51 (Item 22c) of Section III provides, in pertinent
part, that for enlisted personnel, "Enter the total active duty outside
continental limits of the United States for the period covered by the DD
Form 214 and the last overseas theater in which service was performed,
e.g., "Foreign and/or Sea Service (USAREUR)".

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document is
incorrect and should be corrected to show his total foreign and/or sea
service as 17 months and 3 days (i.e., 1 year, 5 months, and 3 days).  The
applicant provides a copy of his DD Form 214 in support of his application;
however this document provides insufficient evidence to support his claim.

2.  The applicant’s contention that the foreign and/or sea service shown on
his DD Form 214 should be corrected was carefully considered.  The
applicant's
DD Form 214 shows that he was honorably separated, on temporary records,
upon expiration of his term of service on 13 May 1968.  The evidence of
available records shows that the applicant served 12 months in the Republic
of Vietnam, from on or about 4 July 1965 to 3 July 1966.  Available records
also show that the applicant served another 4 months and 3 days in the
Republic of Vietnam, from 29 June 1967 to 1 November 1967.  However,
additional creditable foreign and/or sea service can not be determined from
available records.  Therefore, the applicant's records should be corrected
to show 1 year, 4 months, and 3 days foreign and/or sea service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JEA _  __TEO __  __CAK __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by adding one (1) year of
foreign service to the applicant's DD Form 214, in Item 22c (Foreign and/or
Sea Service) by:

      Deleting:  "0 Years, 4 Months, 3 Days"; and
      Adding:   "01 Years, 04 Months, 03 Days"

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the applicant's request for correction to show 17 months and 3 days of
foreign and/or sea service, which would equate to 1 year, 5 months, and 3
days of foreign and/or sea service.




                            ___JAMES E. ANDERHOM___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002330                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680513                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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