RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060010229 


	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.



	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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued to him at the time of his discharge and immediate reenlistment be corrected to show his dates of service for his first tour in Vietnam.  He also requests, in effect, that his DD Form 214 (Report of Separation From Active Duty) that was issued at the time of his discharge on 23 October 1973 be corrected to show his dates of service for his second tour in Vietnam, as well as his foreign service in the Canal Zone. 

2.  The applicant essentially states that his DD Form 214 that was issued at the time of his discharge and immediate reenlistment does not list his dates of service for his first tour in Vietnam, and states that the dates of service for his first tour in Vietnam were from April 1966 to April 1967.  He also states, in effect, that the dates of his foreign service shown on his DD Form 214 that was issued at the time of his discharge on 23 October 1973 are incorrect, and that he served a second tour in Vietnam from December 1969 to December 1970, and served in the Canal Zone from January 1971 to October 1973.

3.  The applicant provides his DD Form 214 that was issued at the time of discharge and immediate reenlistment and his DD Form 214 that was issued at the time of his discharge on 23 October 1973 in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
23 October 1973, the date of his discharge from the Regular Army.  The application submitted in this case is dated 10 July 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.  Item 30 (Remarks) of the applicant’s DD Form 214 that was issued at the time of his discharge and immediate reenlistment does not list his dates of service for his first tour in Vietnam.  The applicant stated that he served his first tour in Vietnam from April 1966 to September 1967; however, his military records show that he first served in Vietnam from 22 September 1966 to 17 September 1967.  It was noted that the applicant was reassigned to Company A, 4th Supply and Transport Battalion in April 1966, but it was stationed at Fort Lewis, Washington at that time.  This unit made a permanent change of station to Vietnam on 
22 September 1966.

4.  Item 27 (Remarks) of the applicant’s DD Form 214 that was issued at the time of his discharge on 23 October 1973 does not list his dates of service for his second tour in Vietnam, or that he served in the Canal Zone.  The applicant stated that he served his second tour in Vietnam from December 1969 to December 1970; however, his military records show that his second tour in Vietnam was from 23 January 1970 to 14 December 1970.  The applicant also stated that he served in the Canal Zone from January 1971 to October 1973; however, his military records show that he only served in the Canal Zone from 
28 September 1972 to 20 October 1973. 

5.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The edition of this regulation that was in effect at the time of the applicant’s discharge and immediate reenlistment provided that Item 30 (Remarks) of the DD Form 214 would be used to complete entries that were too long for their respective blocks.  It also provided specific entries that were to be entered in that block as well.  None of those entries were related to an individual’s service in an overseas or combat theater.  However, the edition of Army Regulation 635-5, which superseded the edition in effect at the time of the applicant’s discharge and immediate reenlistment, and was in effect at the time of the applicant’s discharge on 23 October 1973, provided that an entry would be entered in the remarks section of the DD Form 214 to indicate inclusive dates of service in Vietnam.  Entries of this nature have remained in effect for all subsequent changes of that regulation to account for service in such area as Soldiers may be required to serve that involve conflict with other nations.  
DISCUSSION AND CONCLUSIONS:

1.  Although there was no provision for making such entries on the DD Form 214 to reflect foreign service in a hostile fire area at the time of the applicant’s discharge and immediate reenlistment, the applicable regulation changed shortly after the applicant’s discharge and immediate reenlistment, and prior to the applicant’s discharge on 23 October 1973, which required such entries be made on the DD Form 214 to document service in areas such as Vietnam.  

2.  The succeeding changes to the regulation have continued to require such entries to date in order to document a Soldier’s service in areas of conflict, which is indicative that a need for such entries is important for not only the service, but the individual as well.   

3.  Accordingly, it would be in the interest of justice to correct the applicant’s 
DD Form 214 that was issued at the time of his discharge and immediate reenlistment, as an exception to policy.  However, the applicant’s military records do not show that he served his first tour in Vietnam from April 1966 to April 1967 as he stated in his application, but rather that he served his first tour in Vietnam from 22 September 1966 to 17 September 1967.  Therefore, he is only entitled to partial relief by correcting his DD Form 214 that was issued at the time of his discharge and immediate reenlistment to show that he served his first tour in Vietnam from 22 September 1966 to 17 September 1967.

4.  Additionally, the applicant’s military records do not show that he served his second tour in Vietnam from December 1969 to December 1970 as he stated in his application, but rather that he served his second tour in Vietnam from 
23 January 1970 to 14 December 1970.  In view of the foregoing, the applicant is only entitled to partial relief by correcting his DD Form 214 that was issued at the time of his discharge on 23 October 1973 to show that he served his second tour in Vietnam from 23 January 1970 to 14 December 1970.

5.  As there is no provision for showing inclusive dates of foreign service that were not involved with armed conflict on a DD Form 214, there is no basis for showing the dates of his assignment to the Canal Zone.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 23 October 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
22 October 1976.  The applicant did not file within the 3-year statute of limitations; however, based on the available argument, it would be in the interest of justice to excuse failure to timely file based on the partial relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__MP ___  __LR ___  ___RB __  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:

a.  adding to his Form 214 that was issued on 26 February 1969 his Vietnam service from 22 September 1966 to 17 September 1967; and

b.  adding to his Form 214 that was issued on 23 October 1973 his Vietnam service from 23 January 1970 to 14 December 1970.

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:

a.  correcting his Form 214 that was issued on 26 February 1969 to show that he served in Vietnam from April 1966 to April 1967;

b.  correcting his DD Form 214 that was issued on 23 October 1973 to show that he served in Vietnam from December 1969 to December 1970; and 

c.  correcting his DD Form 214 that was issued on 23 October 1973 to show that he served in the Canal Zone.





____Margaret Patterson______
          CHAIRPERSON




INDEX

CASE ID
AR20060010229
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070315
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
110.0000.0000
2.

3.

4.

5.

6.