IN THE CASE OF:	  

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080009759 


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), dated 29 February 1984, be corrected to show his total overseas service. 

2.  The applicant states, in effect, that since his DD Form 214, dated 29 February 1984, show no overseas service, it prevents him from receiving VA (Department of Veterans Affairs) and other benefits restricted to the classification.  He served two complete tours in Vietnam and one tour in Korea for a total of 4 years and 3 months.

3.  The applicant provides copies of his DD Forms 214, dated 29 February 1984 and 26 May 1971 in support of his request. 

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 he enlisted in the Regular Army on 5 February 1964.  He served through a series of continuous reenlistments.  He was promoted to staff sergeant (SSG/E-6) effective 1 January 1977.    

3.  The applicant served until he was released from active duty for the purpose of retirement on 29 February 1984.  He was placed on the Retired List effective 1 March 1984, in the rank and pay grade of SSG/E-6. 

4.  Item 5 (Overseas Service), of the applicant’s DA Form 2-1 (Personnel Qualification Record - Part II), shows that he served in FEPA (Far East Pacific Area) - Korea from 26 June 1964 to 10 July 1965, for a total of 13 months.  It also shows that he served in Vietnam from 19 September 1966 to 18 September 1967 and from 3 June 1969 to 2 June 1970.  Both tours in Vietnam were for 12 months each.

5.  Item 24c (Foreign and/or Sea Service), of his DD Form 214, dated 9 November 1965, shows the entry EUSA (Eighth US Army - Korea) "01 00 25" (1 year and 25 days).

6.  Item 22c (Foreign and/or Sea Service), of his DD Form 214, dated 26 May 1971, shows the entry "04 03 00" (4 years and 3 months).  

7.  Item 12f (Foreign Service), of his DD Form 214, dated 29 February 1984, shows the entry "00 00 00."

8.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214 [in effect at the time of the applicant’s active duty service from 10 November 1965 through 26 May 1971].  In pertinent part, it states that item 30 (Remarks) of the DD Form 214 is used for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for other blocks.  Department of the Army issued guidance to report service in Vietnam, Indochina, and Korea in item 30 (Remarks) of the DD Form 214.

9.  The same regulation states 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.  

9.  The same regulation states 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 evidence of record shows that the applicant served in Korea from 26 June 1964 to 10 July 1965 and in Vietnam from 19 September 1966 to 18 September 1967 and from 3 June 1969 to 2 June 1970.  Regulatory authority states that only service in Vietnam, Indochina, and Korea will be indicated in the Remarks column of the DD Form 214.  However, in the interest of fairness and equity, the Board will enter both geographical areas of his service on the appropriate DD Forms 214.  He is therefore entitled to correction of item 32 (Remarks), of his DD Form 214, dated 9 November 1965, to show the entry "Korea 26 June 1964 to 10 July 1965" and correction of item 30 (Remarks), of his DD Form 214, dated 26 May 1971, to show the entry "Vietnam 19 June 1966 to 18 September 1967" and the entry "3 June 1969 to 2 June 1970." 

2.  A review of the applicant's military service records shows he served no overseas service during the period 21 August 1978 to 29 February 1984.  Item 12, of the applicant's DD Form 214, dated 29 February 1984, is correct as currently constituted.  According to regulatory authority, in effect now, only the foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:  

   a.  by showing the entry "SERVICE IN KOREA FROM 19640626 - 19650710," in item 32 (Remarks), of his DD Form 214, dated 9 November 1965; and 

	b.  by showing the entry "SERVICE IN VIETNAM FROM 19660919 - 19670918" and the entry "SERVICE IN VIETNAM FROM 19690603 – 19700602," in item 30 (Remarks), of his DD Form 214, dated 26 May 1971.

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 correction of item 12 (Foreign Service), of his DD Form 214, dated 29 February 1984, to show his total overseas service.



      ________x______________
               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)                                         AR20080009759



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ABCMR Record of Proceedings (cont)                                         AR20080009759



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