RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2007
      DOCKET NUMBER:  AR20070007878


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 service in Korea and the dates that he
served in Korea be included on his Report of Transfer or Discharge (DD Form
214).  He also requests that his service in Vietnam be included on his DD
Form 214.

2.  The applicant states that his DD Form 214 does not reflect his service
in Korea and Vietnam.  He states that his tours of duty in Korea and
Vietnam must be listed on his DD Form 214 to show proof that he was in
these countries.

3.  The applicant provides in support of is application a copy of his
National Guard Bureau Report of Separation and Record of Service (NGB Form
22); a copy of a Record of Proceedings under Article 15, Uniform Code of
Military Justice (DA Form 2627-1) dated 15 June 1971; and a copy of two
self-authored statements providing his accounts of his military service.

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.  On 13 August 1969, the applicant was inducted into the Army in Fresno,
California.  He successfully completed his training as an Armored
Crewmember.

3.  After completing 1 year, 11 months, and 23 days of net active service,
the applicant was honorably released from active duty (REFRAD) on 5 August
1971, in the pay grade of E-3, and he was transferred to the United States
Army Reserve (USAR) Control Group (Annual Training) to complete his
remaining service obligation.

4.  Item number 22c (Foreign and/or Sea Service) on the DD Form 214 that
the applicant was furnished at the time of his REFRAD shows that he had
5 months
and 29 days of Foreign and/or Sea Service in USARPAC (United States Army
Pacific) and in item number 30 (Remarks), a notation was made that he had
no Vietnam service.

5.  In the statement that the applicant submits in support of his
application, he indicates that after his tour in Korea, he was transferred
from the United States Army to the USAR on 6 August 1971 and that he was a
member of the USAR until he volunteered to go to Vietnam.  He states that
he was sent to Vietnam in late December 1971 and that he returned to the
Continental United States in October 1972.  He states that his Vietnam
service is not on his DD Form 214; however, his Vietnam and Korea service
is annotated on his NGB Form 22 under remarks.

6.  The NGB Form 22 that the applicant submits in support of his
application indicates that he enlisted in the California Army National
Guard on 9 April 1973 and that he was honorably discharged on 8 April 1977.
 Item number 25 on the NGB 22 that he was furnished at the time of his
discharge lists his prior active Army and USAR service.

7.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It states, in pertinent part, that the information
contained on the DD Form 214 will apply only to the period of service
covered by the DD Form 214; and that it will be prepared to reflect an
individual's service as it exists on the date of his/her REFRAD or
discharge.

DISCUSSION AND CONCLUSIONS:

1.  It appears that item number 22c on the applicant's DD Form 214
appropriately reflects his service in Korea.

2.  Although there are no orders in the available record to show the
effective date of the applicant’s transfer to Korea, documentation
contained in his record shows that he was at Camp Casey, Korea between May
and June 1971 and this information appears to be included in item number
22c on his DD Form 214.  At the time of his REFRAD, there were no
provisions for including overseas service in the remarks section of a DD
Form 214.

3.  According to the applicant, he was not in Vietnam until December 1971.
His DD Form 214 was prepared to reflect his active duty service from 13
August 1969 through 5 August 1971; therefore, it would have been
inappropriate to list his Vietnam service or any other foreign service
after 5 August 1971 on his DD Form 214.
4.  The applicant's contentions regarding the dates reflected on his NGB
Form 22 have been noted.  However, the dates to which he refers are his
prior service dates during his Regular Army and United States Army Reserve
status.  He was in the Regular Army from 13 August 1969 until his REFRAD on
5 August 1971.  He was subsequently transferred to the USAR to complete his
remaining service obligation on 6 August 71, where he remained until he was
discharged from the USAR on 8 April 1973.  Item 25 of his NGB Form 22
indicates that prior service should be listed and his prior service is
reflected therein.

5.  In order to justify correction of a military record the applicant must
show or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RTD___  __CAD__  __EEM__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  ___Richard T. Dunbar____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070007878                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000/SEPARATION DOCUMENT            |
|2.  251                 |120.0000/FOREIGN SERVICE CREDIT         |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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