RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 SEPTEMBER 2006
      DOCKET NUMBER:   AR20060002358


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric Anderson                 |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. Richard Murphy                |     |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 the total service reflected on his Report
of Transfer or Discharge (DD Form 214) be corrected.  He also requests that
his total active service and foreign and or sea service be corrected on his
DD Form 214; and that his Bronze Star Medal (BSM) be included therein.

2.  The applicant states that the calculations in his Statement of Service
(item number 22) on his DD Form 214 are incorrect.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 September 1967.  The application submitted in this
case is dated 8 February 2006.

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.  On 29 January 1963, he enlisted in the Army in St. Louis, Missouri, for
3 years, in the pay grade of E-1.  He successfully completed his training
as a track vehicle mechanic.

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he was in the Republic of Korea from 13 August 1963 through 28 August 1964.

5.  He was honorably discharged on 22 November 1964, for the purpose of
immediate reenlistment.  The DD Form 214 that he was furnished at the time
of his discharge shows that he completed 1 year, 9 months and 24 days of
net service this period; and that he had 1 year and 16 days of foreign and
or sea service.

6.  On 23 November 1964, he reenlisted in the Army for 3 years.  His
Enlistment Contract indicates that he was at Fort Devens, Massachusetts, at
the time of his reenlistment.

7.  The applicant's DD Form 20 indicates that he returned to the Republic
of Korea, where he remained from 6 December 1964, until he returned to the
Continental United States on 16 December 1965, and was assigned to Fort
Bragg, North Carolina.  His DD Form 20 also indicates that he was
transferred to Vietnam on 7 September 1966, and that he remained in Vietnam
until 26 August 1967, when he returned to the United States.

8.  The applicant was honorably released from active duty on 25 September
1967, and he was transferred to the United States Army Reserve (USAR)
Control Group, to complete his Reserve obligation.

9.  The DD Form 214 that he was furnished at that time of his release from
active duty shows that he completed 2 years, 10 months and 3 days of net
service; that he had 1 year, 9 months and 27 days of other service; that
his total service after adding his net service this period and his other
service was 3 years, 7 months and 27 days; and that he had 2 years and 12
days of foreign and or sea service.

10.  A Correction to DD Form 214 (DD Form 215) dated 10 June 1999, was
furnished to the applicant adding the award of the Bronze Star Medal to his
DD Form 214.

11.  Army Regulation 635-5 prescribes the separation documents which are
prepared for individuals upon retirement, discharge, or release from active
military service or control of the Army.  It establishes standardized
policy for preparing and distributing the DD Form 214.  It states, in
pertinent part, that a DD Form 214 will be prepared for all personnel at
the time of their retirement, discharge, or release from the active Army.
It further states that total service is self explanatory (add line 1 plus
line 2); that total active service is the active service the individual has
completed beginning with the earliest period of active service up to and
including the current period of active duty; and that the total active duty
outside continental limits of the United States for the period covered by
the DD Form 214 will be included therein.






DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant's DD Form 214
for the period covering 23 November 1964 through 25 September 1967.

2.  The total service and total active service currently reflected on the
DD Form 214 for the period of service in question is incorrect and it
should be corrected to reflect that correct service.

3.  The applicant had 2 years, 10 months and 3 days of net service this
period.  He had 1 year, 9 months and 24 days of other service.  In
accordance with the applicable regulation once his net service this period
and his other service is added, he completed 4 years, 7 months and 27 days
of total service.

4.  Additionally, his net service this period and his other service was all
active service; therefore, this DD Form 214 should be corrected to reflect
his total active service as 4 years, 7 months and 27 days.

5.  Unfortunately, Army Regulation 635-5 does not provide for the inclusion
of foreign and or sea service on a DD Form 214 that was performed during a
previous period of service.  He was credited with 2 years and 12 days of
foreign and or sea service for the period covered by the DD Form 214 in
question.  It appears that the foreign and or sea service currently
reflected on his DD Form 214 is correct.

6.  In regard to the applicant's request to have his BSM included on his DD
Form 214, as previously indicated, he was furnished a DD Form 215 to
reflect his award of the BSM.  The DD Form 215 is the appropriate form used
when correcting errors contained on the DD Form 214.  Therefore, there is
no basis for granting this portion of the applicant's request.

7.  In view of the foregoing, it would now be appropriate to correct the
applicant's record as recommended below.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 September 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 24 September 1970.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__EA ___  ___RL __  ___RM __  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 amending the DD Form
214 for the period covering 23 November 1964 through 25 September 1967, to
show his total service and total active service as 4 year, 7 months and 27
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
correcting the foreign and or sea service and adding the BSM to the DD Form
214 in question.




                            _____ Eric Anderson_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002358                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19670925                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, SEC VII               |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  189  |110.0000/SEPARATION DOCUMENT            |
|2.  3                   |110.0100`/CHANGE DATE                   |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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