IN THE CASE OF:	  

	BOARD DATE:	  8 May 2008

	DOCKET NUMBER:  AR20080003095 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1994 be corrected to show his dates of service in Vietnam, his prior service, and his reenlistment dates.  

2.  The applicant states, in effect, that his current DD Form 214 does not show his dates of service in Vietnam or his dates of entry, enlistments, or reenlistments.

3.  The applicant provides no additional evidence 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 enlistment contract, dated 15 March 1972, shows he enlisted for a period of 2 years for service in Vietnam.  His military records covering his service in Vietnam are not available to the Board.  

3.  The applicant’s enlistment contract, dated 18 December 1973, shows he enlisted for a period of 5 years.  This contract also shows that he was honorably discharged on 17 December 1973 for immediate reenlistment.  

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) for the period 15 March 1972 through 17 December 1973 (service totaling 1 year, 9 months, and 3 days) is not available.  

5.  The applicant remained on active duty through continuous reenlistments until he retired on 31 March 1994 in the rank of sergeant first class after completing over 20 years of active service.  

6.  Item 12d (Total Prior Active Service) on the applicant’s DD Form 214 for the period ending 31 March 1994 shows the entry, “0001 09 03.”  Item 12f (Foreign Service) on this DD	Form 214 shows the entry, “0009 09 28.”  Item 18 (Remarks) on this DD Form 214 shows, in pertinent part, the entries, “IMMEDIATE REENLISTMENT THIS PERIOD - - 19731218-19790419, 19790420–19810730, 19810731–19840723, 19840724–19881120, 1981221–19910710.”    

7.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows that he served in Vietnam from 26 August 1972 to 15 February 1973.  This form also shows he served two tours in Korea (1974 to 1975 and 1978 to 1979) and three tours in Germany (1981 to 1984, 1986 to 1989, and 1991 to 1993).  

8.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

9.  Army Regulation 635-5 states, in pertinent part, that from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any, in item 12d on the DD Form 214.  

10.  Army Regulation 635-5, the version in effect at the time of his 17 December 1973 separation, required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

11.  Army Regulation 635-5 also states, in pertinent part, that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  The regulation also states that the amount of foreign service will be taken from the Soldier’s Enlisted Qualification Record or, if necessary, verified from the Soldier’s Military Personnel Records Jacket.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.   
Evidence of record shows the applicant enlisted on 15 March 1972, that he served in Vietnam from 26 August 1972 through 15 February 1973, and that he was honorably discharged on 17 December 1973 after completing 1 year, 
9 months and 3 days of creditable active service.  Although his DD Form 214 for this period of service is not available, in accordance with the governing regulation, his inclusive dates of service in Vietnam and this foreign service would have been shown on the DD Form 214 for the period ending 17 December 1973. 

2.   The applicant’s prior active service (15 March 1972 through 17 December 1973) is properly shown in item 12d on his DD Form 214 for the period ending 
31 March 1994.  

3.  The evidence of record does not support the applicant’s contention that his reenlistments are not shown on his DD Form 214 for the period ending 31 March 1994.  Item 18 on this DD Form 214 shows five reenlistments. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___XX___  __XX___  ___XX___  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.



       _        XX         ___
       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)                                         AR20080003095



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080003095


4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1