IN THE CASE OF:	  

		BOARD DATE:	        19 February 2009

		DOCKET NUMBER:  AR20080015083 


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:

	a.  that item 12a (Date Entered Active Duty this Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending
30 April 1984 be corrected to show his basic pay entry date (BPED);

	b.  that item 12d (Total Prior Active Service) of his last DD Form 214 be corrected to show the number of years he had at the time of his last reenlistment; and

	c.  that his service in Vietnam be added to his last DD Form 214.

2.  The applicant states that the correction are necessary for him to use his Department of Veterans Affairs (VA) benefits at a VA hospital.

3.  The applicant provides his DD Form 214 for the period ending 30 April 1984.

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.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 27 September 1962 shows the applicant enlisted in the Regular Army (RA) on 22 March 1962.  On 27 September 1962, he was honorably discharged for immediate reenlistment on 28 September 1962.

3.  A DD Form 214 with the ending period 28 May 1968 shows the applicant reenlisted in the RA on 28 September 1962.  On 28 May 1968, he was honorably discharged for immediate reenlistment on 29 May 1968.  

4.  The applicant's records indicate that he arrived in Vietnam on 30 June 1968 and departed Vietnam on 29 June 1969.

5.  A DD Form 214 (Report of Separation from Active Duty) with the period ending 10 April 1974 shows that the applicant reenlisted in the RA on 29 May 1968 and that he was honorably discharged for immediate reenlistment on 
11 April 1974.

6.  The applicant's DD Form 214 for the period 11 April 1974 through 14 January 1980 is not available in his military records.  However, Headquarters, United States Army, Europe and Seventh Army Special Orders Number 100, dated 
10 April 1974, show that he was honorably discharged on 10 April 1974 and immediately reenlisted on 11 April 1974 for a 6-year term of service.  

7.  A DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 15 January 1980, shows the entry "17" years, "09" 
months, and "23" days in item 9a (Previous Military Service Upon Enlistment/Reenlistment).

8.  A DD Form 214 with the ending period 30 April 1984 shows the applicant reenlisted in the Regular Army on 15 January 1980.  On 30 April 1984, he retired after completing 22 years, 1 month, and 9 days of creditable active service with no time lost.

9.  The DD Form 214 shows the entry of "80  01  15" in item tem 12a, the entry of "04 03 16" item 12c (Net Active Service this Period), and the entry of "00  00  00" day(s) in item 12d.
10.  Army Regulation 635-5 (Separation Documents), in effect, at that time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized preparation of the DD Form 214.  In pertinent part, it stated the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  For item 12a it stated to enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued.  For item 12d it stated all service entered would be less time loss and time lost after expiration of term of service.  The regulation does not provide for the capture of the Soldier's BPED.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 12a of his DD Form 214 with the period ending 30 April 1984 should be corrected to show his BPED.  However, in accordance with Army Regulation 635-5, 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.  Furthermore, the regulation does not provide for the capture of the Soldiers BPED on the DD Form 214.  Therefore, there is insufficient evidence on which to change item 12a of the applicant's DD Form 214. 

2.  Evidence of record shows that prior to the applicant's reenlistment on 
15 January 1980, his DD Form 4/1 recorded his previous military service as 
17 years, 9 months, and 23 days.  His DD Form 214 with the period ending 
30 April 1984 shows the entry "00  00  00" in item 12d.  His DD Form 4/1 showing his total prior active duty service is accepted as sufficient to show that 17 years, 9 months, and 23 days is his correct total prior active duty.  Therefore, item 12d of his last DD Form 214 should be amended  to show 17 years,             9 months, and 23 days of total prior active service.

3.  The applicant further requests that his service in Vietnam be added to his
DD Form 214.  Evidence of record shows that he served in Vietnam from
30 June 1968 through 29 June 1969.  He retired after completing 22 years,
1 months, and 9 days of creditable active service with no time lost.  To grant his 
request would not change the outcome of his retirement.  Therefore, it is concluded that based on a matter of equity the applicant should be granted relief to amend his DD Form 214 to show in item 18 (Remarks) of his DD Form 214 with the period ending of 30 April 1984 that he served in Vietnam from 30 June 1968 through 29 June 1969.

4.  The applicant stated that correction of his retirement DD Form 214 was necessary for him to use VA benefits at a VA hospital.  Therefore, a copy of all of his DD Forms 214 and his DD Form 4/1 dated 15 January 1980, will be forwarded to him.  These forms will show his entire military career of active duty service.

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:

	a.  deleting from item 12d of the applicant's DD Form 214 with the period ending 30 April 1984 the entry "00  00  00";

   b.  adding to item 12d of the applicant's DD Form 214 with the period ending 30 April 1984 the entry "17  09  23 days"; and

	c.  adding to item 18 of the applicant's DD Form 214 with the period ending
30 April 1984 the entry "Service in Vietnam from 30 June 1968 to 29 June 1969."

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 his BPED to his
DD Form 214 with the period ending 30 April 1984.


															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)                                         AR20080015083



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ABCMR Record of Proceedings (cont)                                         AR20080015083



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