RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 November 2005
      DOCKET NUMBER:  AR20050004764


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 correction of item 22c (Foreign and/or Sea
Service), of his DD Form 214 (Report of Transfer or Discharge), to show the
entry "1 6 0" (1 year and 6 months) instead of the entry "1 0 0" (1 year).

2.  The applicant states that item 22c, of his DD Form 214, should show the
entry "1 6 0" (1 year and 6 months).

3.  The applicant provides a copy of his DD Form 214, dated 27 January
1969, a copy of a certificate of achievement from Headquarters,
18th Engineer Brigade, and a copy of an award certificate for the
Distinguished Flying Cross (DFC), in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 January 1969, the date of his release from active duty (AD).
 The application submitted in this case is dated 14 March 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 records show he entered AD on 28 January 1966,
as a construction machine operator (62E).  He was promoted to specialist
five (SP5/E-5) (T [temporary]) on 29 February 1968.  He served in Vietnam
for 1 year.  He continued to serve until he was released from AD on
27 January 1969.  He was transferred to the Army Reserve.

4.  Item 22c (Foreign And/Or Sea Service), of his DD Form 214 shows the
entry "Vietnam 1 0 0" (1 year).

5.  The applicant's DA Form 20 (Enlisted Qualification Record), which shows
his time served in Vietnam and unit(s) assigned to while serving in Vietnam
is unavailable for review by the Board.


6.  The applicant provides a copy of a certificate of achievement, from
Headquarters, 18th Engineer Brigade, dated 4 August 1967, for meritorious
performance of duty during the period 24 August 1966 to 4 August 1967,
while supporting military engineer operations in the Republic of Vietnam

7.  The applicant's records contain a copy of orders that shows he was
awarded the Air Medal for meritorious achievement, while participating in
aerial flight, in the Republic of Vietnam from November 1967 to December
1967.

8.  The applicant provides a copy of an award certificate which shows that
he was awarded the DFC for heroism while participating in aerial flight on
12 February 1968 in the Republic of Vietnam.

9.  The applicant's records contain a copy of orders that shows he was
awarded the Army Commendation Medal (ARCOM) for meritorious service in
connection with military operations against a hostile force during the
period March 1967 to March 1968 in the Republic of Vietnam.

10.  Army Regulation 635-5, in effect at that time, established the
standard policy for preparing and distributing the DD Form 214.  In
pertinent part, it directed that  foreign service performed during the
period covered by the DD Form 214 would be entered in item 22c (Foreign
and/or Sea Service).  The regulation also provided that the amount of
foreign service would be taken from the Soldier’s Enlisted Qualification
Record or, if necessary, verified from the Soldier’s Military Personnel
Records Jacket.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant completed 1 year of
foreign service as evidenced by item 22c of his DD Form 214.  The
applicant's DA Form 20, which shows his time served in Vietnam and unit(s)
assigned to while serving in Vietnam is unavailable for review.

2.  The applicant's certificate of achievement clearly shows that he was
serving in Vietnam on 24 August 1966, that he was awarded the AM for the
period November to December 1967, the DFC on 12 February 1968, and the
ARCOM during March 1967 to March 1968, while serving in Vietnam.  It is
noted that the applicant was apparently still serving in Vietnam on March
1968.  Based on this evidence, the applicant's is entitled to recalculation
of his service in Vietnam.



3.  The applicant's period of service in Vietnam from 24 August 1966 to
March 1968 is clearly more than 1 year.   By subtracting his date of
arrival in Vietnam, 24 August 1966, from his date of departure from
Vietnam, 31 March 1968, the applicant's net foreign service can be
determined.  The resultant period is 1 year, 7 months, and 7 days of total
foreign service instead of 1 year, 6 months, as the applicant contends  and
exceeds the 1 year shown in item 22c of the applicant's DD Form 214.
Therefore, the applicant is entitled to correction of item 22c of his DD
Form 214, dated 27 January 1969, to show the entry "1 7 7" (1 year,
7 months, and 7 days) instead of the entry "1 6 0" (1 year and 6 months).

BOARD VOTE:

__SK___  _JTM____  ___RLD_  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 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 showing in item 22c (Foreign
and/or Sea Service) of the applicant's DD Form 214, dated 27 January 1969,
the entry "1 7 7."




                            _        Stanley Kelley______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004764                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690127                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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