RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	 10 January 2008 
	DOCKET NUMBER:  AR20070010934 


	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.

x

	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 foreign service in Vietnam be added to his DD Form 214, with an effective date of 31 October 1972.

2.  The applicant states, in effect, that he served in Vietnam for the period 17 September 1968 through 6 September 1969.  His service should read:  Vietnam service:  26 August 1964 through 25 August 1965 and 17 September 1968 through 6 September 1969.

3.  In support of his request, the applicant submitted a copy of his DA Form 20, Enlisted Qualification Record.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that he enlisted in the Regular Army on 25 January 1952.  He was honorably released from active duty on 15 December 1954 in the rank of Corporal.  The DD Form 214, Report of Separation from the Armed Forces of the United States, he received for this period of his service shows he was credited with 11 months and 16 days foreign service.  Item 31 (Foreign Service), of the applicant's DA Form 20, shows he served in Korea from 11 January 1953 through 13 January 1954, a period of 1 year and 3 days foreign service.

3.  After a break-in-service, the applicant reenlisted in the Regular Army on 10 February 1955.  He was honorably discharged on 9 February 1961, in the rank of Sergeant, for the purpose of immediate reenlistment.  The DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, he received for this period of his service shows he was credited with 4 years, 2 months and 22 days foreign service.

4.  The applicant's DA Form 20 shows during the period covered by this DD Form 214, he served in Korea from 11 August 1955 through 8 December 1956 (1 year, 3 months and 28 days), and was serving in Germany at the time of his discharge. His service in Germany extended from 18 December 1958 through 9 February 1961, the date of his discharge (2 years, 1 month and 23 days).  In the period covered by this DD Form 214, the applicant served a total of 3 years, 5 months and 21 days foreign service.

5.  The applicant reenlisted in the Regular Army on 10 February 1961.  He was honorably discharged on 9 February 1964, in the rank of Sergeant First Class, for the purpose of immediate reenlistment.  The DD Form 214 he received for this period of his service shows he was credited with 1 year, 3 months and 16 days foreign service.

6.  The applicant's DA Form 20 shows during the period covered by this DD Form 214, he completed his tour of duty in Germany.  The period of his service in Germany spanned from 10 February 1961, the date of his reenlistment, through 28 May 1962 (1 year, 3 months and 19 days).

7.  The applicant reenlisted in the Regular Army on 10 February 1964.  He was honorably discharged on 9 February 1970, in the rank of First Sergeant, E-8, at the expiration of his term of service.  The DD Form 214 he received for this period of his service shows he was credited with 10 years, 8 months and 7 days foreign service.

8.  During the period covered by this DD Form 214, the applicant's DA Form 20 shows he completed a tour of duty in Vietnam (26 August 1964 through 25 August 1965), a tour of duty in Germany (26 August 1965 through 6 August 1968), and a final tour of duty in Vietnam (17 September 1968 through 6 September 1969).  The period of his foreign service during the period covered by this DD Form 214 totals 4 years, 11 months and 3 days as opposed to the 10 years, 8 months and 7 days shown on the DD Form 214.

9.  The applicant's DD Form 214 is absent an entry in the remarks section to show he served in Indochina on or after 5 August 1964.

10.  The applicant reenlisted in the Regular Army on 10 February 1970.  He was honorably separated on 31 October 1972, in the rank of Master Sergeant, E-8, for the purpose of retirement.  The DD Form 214 he received for this period of his service shows he was credited with 9 months and 3 days foreign service.

11.  The applicant's DA Form 20 shows during the period covered by this DD Form 214, he served in Korea.  The period of his service in Korea spanned from 12 October 1971 through 14 July 1972 (9 months and 3 days).

12.  Item 30 (Remarks), of the applicant's DD Form 214, shows the entry:  Vietnam service:  17 September 1968 through 6 September 1969.  The applicant also served in Vietnam, as indicated in paragraph 8 above, for the period 26 August 1964 through 25 August 1965.

13.  AR 635-5 prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  This regulation was changed by an unclassified DA (TAG [The Adjutant General]) message, Subject:  Interim Change to AR 635-5 (Change 15).  Based on this message, it became a regulatory requirement to indicate in the positive, or in the negative, in the "Remarks section" of a Soldier's DD Form 214, if they served in Indochina or in Korea on or after 5 August 1964.

14.  A review of all editions of AR 635-5 (to 11 January 1960 and AR 615-375, dated 14 June 1951) revealed that the guidelines for entering foreign service on the DD Form 214 have basically remained unchanged.  Although the verbiage has changed to a small degree, the general instructions are to enter the total amount of foreign service completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Inconsistencies exist in the crediting of the applicant for his foreign service during his over 20-year career.

2.  The foreign service of 11 months and 16 days credited to the applicant on his DD Form 214, with an effective date of 15 December 1954, is incorrect in that it is not supported by the entry found on his DA Form 20.  The correct amount of time that should be shown is 1 year and 3 days.  The applicant is entitled to a correction to his DD Form 214.

3.  The foreign service of 4 years, 2 months and 22 days credited to the applicant on his DD Form 214, with an effective date of 9 February 1961, is incorrect in that it is not supported by the entries found on his DA Form 20.  The correct amount of time that should be shown is 4 years, 5 months and 23 days.  The applicant is entitled to a correction to his DD Form 214.

4.  The foreign service of 1 year, 3 months and 16 days credited to the applicant on his DD Form 214, with an effective date of 9 February 1964, is incorrect in that it is not supported by the entry found on his DA Form 20.  The correct amount of time that should be shown is 1 year and 3 months and 19 days foreign service.  The applicant is entitled to a correction to his DD Form 214.

5.  The foreign service of 10 years, 8 months and 7 days credited to the applicant on his DD Form 214, with an effective date of 9 February 1970, is incorrect in that it is not supported by the entries found on his DA Form 20.  The correct amount of time that should be shown is 4 years and 11 months and 3 days foreign service.  The applicant is entitled to a correction to his DD Form 214.

6.  The applicant's DD Form 214, with an effective date of 9 February 1970, is absent an entry in the remarks section to show he served in Indochina and Korea after 5 August 1964.  The applicant is entitled to a correction to this DD Form 214 to add the entries:  "Indochina:  Yes" and "Korea:  Yes."

7.  The amount of foreign service (9 months and 3 days) credited to the applicant on his DD Form 214, with an effective date of 31 October 1972, is correct and is supported by the entry found on his DA Form 20.  No correction to the amount of foreign service shown on his DD Form 214 is required.  However, entries were incorrectly made in Item 30 (Remarks) of the DD Form 214.  The entry, "VN Service:  17 Sep 68 – 6 Sep 69" was incorrectly made since this service was performed before the first day of the service covered by the DD Form 214.  In the interest of equity, and as a service to the veteran, the Board recommends an exception be made and that his DD Form 214 be corrected to show both periods of his service in Vietnam by adding the entry:  "Vietnam Service:  26 August 1964 through 25 August 1965" to Item 30, of his DD Form 214.

BOARD VOTE:

___x___  ___x  ___x _  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  correcting Item 26 (Foreign and/or Sea Service), of the applicant's DD Form 214, with an effective date of 15 December 1954, to show he served 1 year and 3 days foreign service, as opposed to the currently shown 11 months and 16 days;

b.  correcting Item 24.c. (Foreign and/or Sea Service), of the applicant's DD Form 214, with an effective date of 9 February 1961, to show he served 4 years, 5 months, and 23 days foreign service, as opposed to the currently shown 4 years, 2 months and 22 days;

c.  correcting Item 24.c., of the applicant's DD Form 214, with an effective date of 9 February 1964, to show he served 1 year, 3 months, and 19 days foreign service, as opposed to the currently shown 1 years, 3 months and 16 days;

d.  correcting Item 22.c., of the applicant's DD Form 214, with an effective date of 9 February 1970, to show he served 4 years, 11 months, and 3 days foreign service, as opposed to the currently shown 10 years, 8 months and 7 days; 

e.  correcting Item 30, of the applicant's DD Form 214, with an effective date of 9 February 1970, to show the entries:  "Indochina:  Yes" and "Korea:  Yes"; and

	f.  adding the entry, "Vietnam Service:  26 August 1964 through 25 August 1965" to Item 30 (Remarks), of the applicant's DD Form 214, with an effective date of 31 October 1972.




_____x_____
          CHAIRPERSON



INDEX

CASE ID
AR200700109934
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080110
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
120.0000
2.

3.

4.

5.

6.