IN THE CASE OF:	  

		BOARD DATE:	  13 August 2008

		DOCKET NUMBER:  AR20080010826 


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 Item 12f (Foreign Service) of his final
31 May 1997 separation document (DD Form 214) be corrected.

2.  The applicant states, in effect, that Item 12f of his 31 May 1997 DD Form 214 should be corrected to accurately reflect his overseas service in the Republic of Vietnam (RVN) and in Korea.  He further claims he served in Korea from 1 April 1992 through 10 April 1993, and that he served in the RVN from 1 June 1969 through 31 May 1970.  He states this overseas service was correctly documented in a DD Form 214 issued on 30 November 1996, but was not included in his final DD Form 214, which was issued upon his retirement on
31 May 1997.  He now requests that his final DD Form 214 be corrected to document his overseas service in Korea and the RVN.  

3.  The applicant provides self-authored statements; DD Forms 214, dated 
30 November 1996 and 31 May 1997; Army National Guard (ARNG) separation orders, dated 24 February 1993; and award citations 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 military record shows that after having prior active duty enlisted service from 2 July 1962 through 28 January 1968, the applicant was appointed a second lieutenant (2LT) in the United States Army Reserve  (USAR) and entered active duty in that status on 24 January 1968.  He was honorably released from active duty (REFRAD), in the rank of captain (CPT) on 30 June 1972, after completing a total of 5 years, 4 months, and 29 days of active military service.  Item 22c (Foreign and/or Sea Service) of the DD Form 214 issued to him at that time shows he completed 1 year and 1 day of overseas service during the period covered by the separation document (29 January 1968-30 June 1972), and Item 30 (Remarks) contains an entry confirming he served in the RVN from
1 June 1969 through 31 May 1970.  

3.  The applicant's Personnel Qualification Record (DA Form 2-1) includes an entry in Item 5 (Overseas Service) which shows he served in the RVN from 1 June 1969 to 31 May 1970.  Item 35 (Record of Assignments) shows that he served with Headquarters and Headquarters Company, Eighth United States Army, Korea, from 1 April 1992 through 14 April 1993, at which time he was reassigned to National Guard Bureau (NGB) Operations Center, Arlington Virginia, on 15 April 1993, where he served until his retirement. 

4.  On 31 May 1997, the applicant was honorably REFRAD, in the rank of colonel (COL), for the purpose of retirement.  The DD Form 214 he was issued at the time shows he completed a total of 20 years, 9 months, and 19 days of active military service.  Item 12f shows he completed no overseas service during the period covered by the separation document (12 August 1982 - 31 May 1997).  

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army, and establishes standardized policy for the preparation and distribution of the DD Form 214.  Chapter 2 contains item-by-item preparation instructions for the DD Form 214.  The instructions for Item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.  There are no provisions for entering overseas service completed during a previous period of active duty service.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that Item 12f of his final separation document issued on 31 May 1997, should be corrected to document his foreign service was carefully considered and found to have partial merit.  

2.  By regulation, Item 12f of the separation will contain the total amount of foreign service completed during the period covered by the DD Form 214.  The evidence of record confirms that the applicant's RVN service was properly documented in Item 22c and Item 30 of his 30 January 1972 DD Form 214.  As a result, there is an insufficient evidentiary basis to add this overseas service to his final DD Form 214.

3.  The evidence of record does show that during the applicant’s final period of active duty service, which was covered by his final DD Form 214 (12 August 1982 - 31 May 1997), he completed 1 year and 13 days of overseas service in Korea from 1 April 1992 through 14 April 1993.  As a result, this overseas service should be reflected in Item 12f of his final DD Form 214 and it would be appropriate to correct his separation document accordingly at this time. 

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 by amending Item 12f of his 31 May 1997 DD Form 214 by deleting the current entry and replacing it with the entry "0001 00 13”; and by issuing him a correction to his separation document that reflects this change. 





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 adding the applicant's Vietnam service to his final 31 May 1997 DD Form 214.



      _________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)                                         AR20080010826



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ABCMR Record of Proceedings (cont)                                         AR20080010826

   
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