IN THE CASE OF:	

		BOARD DATE:	  18 December 2008

		DOCKET NUMBER:  AR20080014063 


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, correction of his records to show he served two tours or 18 months of duty in the Republic of Vietnam.

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show all his overseas service time. 

3.  The applicant provides a copy of his DD Form 214 covering the period 
9 December 1966 through 24 August 1969 as documentary evidence in support of this 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 record shows that he was inducted into the Army of the United States and entered active duty on 6 December 1966.  His records show he was discharged on 8 December 1966 to enlist in the Regular Army on 9 December 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 76D (Missile Repair Specialist).  The highest rank he attained while serving on active duty was the grade of specialist four (SP4)/pay grade E-4.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that during his tour of duty in the Republic of Vietnam, he was assigned to Company B, 709th Maintenance Battalion, 
9th Infantry Division performing duties in MOS 76D (Missile Repair Specialist) during the period 16 February 1968 through 24 August 1969.

4.  The applicant's DD Form 214 for the period 6 December 1966 through 
8 December 1966 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations) with an honorable characterization of service to enlist in the Regular Army for a three-year term of service after completing 3 days of active military service.  Item 24a(1) (NET SERVICE THIS PERIOD) shows a net service of 3 days.

5.  The applicant's DD Form 214 for the period 9 December 1966 through 
24 August 1969 shows that on 24 August 1969, he was separated from active duty with an honorable characterization of service.  It shows the following data:

	a.  Item 22a(1) (NET SERVICE THIS PERIOD) shows net service of 2 years, 
8 months, and 6 days;

	b.  Item 22a(2) (OTHER SERVICE) shows other service of 8 days;

	c.  Item 22a(3) (TOTAL (LINE1 PLUS LINE (2))) shows 2 years, 8 months, and 14 days of total military service;

	d.  Item 22b (TOTAL ACTIVE SERVICE) shows 2 years, 8 months, and 
14 days of total active military service; and

	e.  Item 22c (FOREIGN AND/OR SEA SERVICE) shows 6 months and 
19 days.

6.  The purpose of the DD Form 214 is to record active military service and other pertinent data regarding that service normally needed to verify military service for benefits, retirement, employment, and membership in veterans' organizations.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 22c.  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 applicant's contention that his records should show two overseas tours or 
18 months of duty in the Republic of Vietnam was carefully considered and determined to have merit.

2.  Evidence shows applicant served in the Republic of Vietnam during the period 16 February 1968 through 24 August 1969.

3.  Therefore, he is entitled to correction of his DD Form 214 for the period 
9 August 1966 through 24 August 1969 to show 1 year, 6 months, and 9 days of foreign service.

4.  Based on a review of the applicant's records, it was determined the applicant is entitled to additional corrections to his DD Form 214.  Specifically, the applicant's DD Form 214 should be corrected as follows: 

	a.  Based on recalculation of the period of entry through release from active duty shown on this DD Form 214; correct item 22a(1) to show 2 years, 8 months, and 16 days of net service;

	b.  Based on the net service shown on applicant's initial DD Form 214, correct item 22a(2) of this DD Form 214 to show 3 days of other service;

	c.  By computing corrected results of paragraph 4b and 4c above, correct item 22a(3) to show 2 years, 8 months, and 19 days of total military service;

	d.  All of applicant's military service was active.  Based on corrected item 22a(3) as shown in 4d above, correct item 22b to show 2 years, 8 months, and 19 days of total active military service.  



BOARD VOTE:

__X_____  ___X___  ___X____  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 amending the DD Form 214 for the period 9 December 1966 through 24 August 1969 to show in:

	a.  Item 22a(1), the entry "2 years, 8 months, and 16 days";

	b.  Item 22a(2), the entry "3 days";

	c.  Item 22a(3) the entry "2 years, 8 months, and 19 days";

	d.  Item 22b, the entry "2 years, 8 months, and 19 days"; and

	e.  Item 22c, the entry "1 year, 6 months, and 9 days."




      _______ _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)                                         AR20080014063



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ABCMR Record of Proceedings (cont)                                         AR20080014063



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