IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080001545 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as specialist five (SP5)/E-5 and to show his service in the Republic of Vietnam.  

2.  The applicant states that he needs his DD Form 214 to show the correct entries because he is applying for Department of Veterans Affairs (VA) benefits.

3.  The applicant provides a copy of Headquarters, US Army Personnel Center, Fort Lewis, WA Special Orders Number 220, dated 8 August 1969, release from active duty orders; a copy of Headquarters, 44th Medical Brigade Special Orders Number 213, dated 1 August 1969, reassignment orders; a copy of Headquarters, 44th Medical Brigade Special Orders Number 214, dated 2 August 1969, appointment to SP5/E-5 orders; and a copy of a Certificate of Achievement, dated 19 August 1969, in support of his application.  

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 records show that he enlisted in the Kansas Army National Guard (KSARNG) for a period of 6 years on 3 June 1967 and subsequently entered active duty on 19 September 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71H (Personnel Specialist).  He was honorably released from active duty on 3 February 1968 and reverted back to his ARNG status.  The highest rank/grade he attained during this period of his military service was private (PV2)/E-2.  He was assigned to Company D (Maintenance), 169th Support Battalion, Marysville, Kansas. 

3.  On 24 April 1968, Unit Orders Number 12, published by Company D (Maintenance), 169th Support Battalion, Marysville, Kansas, announced the applicant’s promotion to private first class (PFC)/E-3, effective 24 April 1968. 

4.  On 13 May 1968, the applicant was ordered to active duty as a member of his KSARNG unit and subsequently served in the Republic of Vietnam from 20 December 1968 to 7 August 1969.  He was assigned to the 311th Field Hospital, 44th Medical Brigade.

5.  On 27 January 1969, Special Orders Number 27, published by Headquarters, 44th Medical Brigade, announced the applicant’s promotion to the Temporary rank/grade of specialist four (SP4)/E-4, effective 8 January 1969, in accordance with paragraph 7-20 of Army Regulation 600-200 (Enlisted Personnel Management System).

6.  On 2 August 1969, Special Orders Number 214, published by Headquarters, 44th Medical Brigade, announced the applicant’s appointment to the Temporary rank/grade of SP5/E-5, effective 16 July 1969, in accordance with paragraph     7-13 and 7-15 of Army Regulation 600-200.

7.  On 8 August 1969, Special Orders Number 220, published by Headquarters, U.S. Army Personnel Center, released the applicant from active duty and reverted him back in his Reserve grade to his ARNG status, effective 11 August 1969.


8.  Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) of the applicant’s DD Form 214, dated 11 August 1969, contain the entries SP4(T)/E-4.  Furthermore, Item 22c (Foreign and/or Sea Service) of his DD Form 214 contains the entry “USARPAC  0  7  18,” indicating that the applicant served in the U.S. Army Pacific Command for a period of 7 months and 18 days.

9.  On 12 October 1969, State of Kansas, Adjutant General’s Office published Special Orders Number 285, discharging the applicant from the KSARNG and transferring him to the U.S. Army Reserve Control Group (Annual Training), in the rank/grade of SP4/E-4.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The regulation directed, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contained guidance on the preparation of the DD Form 214, as follows: 

	a.  Item 5a: enter the grade in which the enlisted Soldier was serving at time of separation, indicating whether permanent or temporary; 

	b.  Item 5b:  enter the enlisted Soldier’s pay grade (e.g., E-8, E-4);

	c.  Item 5c:  enter the date of rank or the grade shown in Item 5a; and 

	d.  Item 22c: enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., “Foreign and/or Sea Service USAEUR.”)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that, prior to his discharge from active duty, the applicant was appointed/promoted to the temporary rank/grade of SP5/E-5, effective 16 July 1969.  He was released from active duty 11 August 1969.  Therefore, he held the rank/grade of SP5 (T)/E-5 at time of separation and is entitled to correction of his records to show the rank/grade of SP5 (T)/E-5.

2.  The evidence of record further shows that the applicant served in the Republic of Vietnam, which fell under the USARPAC Theater of Operations, for a period of 7 months and 18 days, which is correctly shown on his DD Form 214, dated 
11 August 1969, as required by the regulation in effect at the time.  However, there is no objection if his period of service in the Republic of Vietnam is shown in Item 30 (Remarks) of his DD Form 214.  

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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.  deleting the entries "SP4(T)" and "E-4" from Items 5a and 5b of the applicant's DD Form 214, dated 11 August 1969 and replacing those with the entries "SP5 (T)" and "E-5" respectively;

	b.  deleting the entry "8 Jan [January] 1969" and replacing it with the entry "11 Jul [July] 1969"; and

	c  adding the entry "Republic of Vietnam: 20 December 1968 to 7 August 1969" in Item 30 of the applicant's DD Form 214, dated 11 August 1969.


								XXX
      _______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080001545



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ABCMR Record of Proceedings (cont)                                         AR20080001545



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