IN THE CASE OF:	  

		BOARD DATE:	        12 FEBRUARY 2009

		DOCKET NUMBER:  AR20080015382 


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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his date of entry into the Army as 19 September 1966; that he had 1 year of foreign service in Vietnam; and that he had 1 year, 1 month and 25 days of foreign service in Germany.

2.  The applicant states that his DD Form 214 contains errors and omitted his foreign service in Vietnam.  

3.  The applicant provides no additional documentation 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.  On 19 September 1966, the applicant enlisted in the Regular Army in Portland, Maine, for 3 years in the pay grade of E-1.  He successfully completed his training as a disbursing specialist.  He was transferred to and arrived in Vietnam on 18 March 1967 and he was assigned to the 537th Personnel Services Company.

3.  The applicant departed Vietnam on 17 March 1968 and he arrived in the Continental United States on 3 May 1968 at Fort Dix, New Jersey.

4.  The applicant's records show that he departed the United States and arrived in Germany on 5 May 1968.  He departed Germany and returned to the United States on 13 May 1969.

5.  The applicant was honorably released from active duty (REFRAD) on 18 June 1969, under the provisions of Army Regulation 635-200, chapter 5, due to seasonal employment and he was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

6.  Item 16c (Date of Entry) on the DD Form 214 that the applicant was furnished at the time of his REFRAD shows his date of entry into the Army as 19 September 1969.  Item 22c (Foreign and/or Sea Service) shows that he had service in Germany and that he had 2 years, 1 month and 25 days of foreign service.

7.  The applicant's DD Form 214 also shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, two Overseas Service Bars, the Vietnam Service Medal, the Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge (Rifle M-14).

8.  Army Regulation 635-5 (Separation Documents) is the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the date entered on active duty or date enlistment or reenlistment was accomplished will be entered in Item 17c on the DD Form 214.

9.  Army Regulation 635-5 further provides that the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed will be entered in item 22c of the DD Form 214.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his date of entry into the Army as 19 September 1966; that he had 1 year of foreign service in Vietnam; and that he had 1 year, 1 month and 25 days of foreign service in Germany.

2.  In accordance with the applicable regulation, the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed will be entered in item 22c of the DD Form 214.  

3.  Item 22c of the applicant’s DD Form 214 properly reflects his total active duty service outside the continental limits of the United States.  His records show that he served in Germany after he served in Vietnam.  Therefore, the last overseas theater in which he served was not Vietnam.  Accordingly, there is insufficient justification to correct the applicant's DD Form 214 to show his last overseas theater as Vietnam instead of Germany.

4.  However, an error was made during the preparation of the applicant's 
DD Form 214 which resulted in the incorrect date of entry being reflected.  A review of his records clearly shows that he enlisted in the Regular Army on       19 September 1966 and his DD Form 214 should be correct to reflect the proper date of his enlistment. 

5.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

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 the current entry that is in item 17c of his DD Form 214, and

b. adding “19 September 1966” to item 17c of his DD Form 214.

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 amending item 22c to show he served in Vietnam and in Germany.




      _______ _ 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)                                         AR20080015382



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ABCMR Record of Proceedings (cont)                                         AR20080015382



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