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ARMY | BCMR | CY2005 | 20050002724C070206
Original file (20050002724C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2005
      DOCKET NUMBER:  AR20050002724


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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 that his DD Form 214 (Report of Separation From
Active Duty) be corrected to correctly show his period of foreign service.

2.  The applicant states that his DD Form 214 currently only shows 1 day of
foreign service but that he was in Vietnam from July 1970 through August
1971.

3.  The applicant provides a copy of an 11 December 1973 DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 December 1973, the date of his separation from active duty.
The application submitted in this case is dated 8 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 records show the applicant entered active duty on 16 August 1965
with reenlistments in 1968 and 1971.

4.  Headquarters, US Army Engineer Command, Vietnam General Orders Number
527, dated 7 June 1971, awarded the applicant the Army Commendation Medal
for meritorious service in Vietnam for the period 21 July 1970 through
20 July 1971.

5.  Headquarters, 554th Engineer Battalion (Construction) Special Orders
Number 190 indicates that the applicant reenlisted while stationed in
Vietnam on 24 July 1971.  His reenlistment options included assignment to
the Drill Sergeants School at Fort Jackson, South Carolina.  The orders
indicate he was authorized 30 days delay enroute and had a reporting date
of 25 August 1971.

6.  A DA Form 20 (Enlisted Qualification Record) indicates the applicant
served in Vietnam from 21 July 1970 through 24 July 1971 with C Company,
554th Engineer Battalion.  It lists his awards as the Good Conduct Medal
(2nd award), the Army Commendation Medal, the National Defense Service
Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign
Medal with "1960" Device.  Block 39 (Campaigns) indicates he had served in
Vietnam during two campaign periods.

7.  The DD Form 214, dated 11 December 1973, lists his foreign service as
only 1 day.  It also lists his awards as the Good Conduct Medal (2nd
award), the Army Commendation Medal, the National Defense Service Medal,
the Vietnam Service Medal with two bronze service stars, and the Republic
of Vietnam Campaign Medal with "1960" Device.

DISCUSSION AND CONCLUSIONS:

1.  The records show the applicant served in Vietnam from 21 July 1970
through at least 24 July 1971 as noted on his DA Form 20 and in his 23 July
1971 discharge/reenlistment orders.

2.  The record further indicates that the applicant was either in an in-
transit or leave status from no later than 24 July 1971 to 26 August 1971,
when he reported to Drill Sergeants School.

3.  Computation of the applicant's foreign service during the period
covered by Item 19 (Indochina or Korea Service Since August 5,
1964)(21Jul70-24Jul71) on his 11 December 1973 DD Form 214 showed that he
served 1 year and 4 days of foreign service.  Therefore, Item 18(f) of his
11 December 1973 DD Form 214 should be amended to read 1 year, 0 months,
and 4 days.

BOARD VOTE:

__ALR __  __MHM__  __SLP__  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 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 amending Item 18(f) of the applicant's 11
December 1973 DD Form 214 to read 1 year, 0 months, and 4 days instead of 0
years,
0 months, and 1 day.




                            __    _Shirley L. Powell_______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002724                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
| 2.                     |                                        |
| 3.                     |                                        |
| 4.                     |                                        |
| 5.                     |                                        |
| 6.                     |                                        |


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