IN THE CASE OF:	  

		BOARD DATE:	  18 February 2009

		DOCKET NUMBER:  AR20080018148 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 25 November 1969, to show his overseas duty in Vietnam, Germany, and Japan.

2.  The applicant states, in effect, that his DD Form 214 only shows he served in Korea.

3.  In support of his application, the applicant provides copies of pages 1 and 2 of his DA Form 20 (Enlisted Qualification Record) and his 25 November 1969 DD Form 214.

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 in pay grade E-1 on 20 June 1966 for 4 years.  He served in Germany from 11 January 1967 through 11 June 1968, a total of 1 year and 5 months.  He served in the Republic of Vietnam from 30 July 1968 through 15 April 1969, a total of 8 months and 16 days.  He also served in Korea from 10 May 1969 through 20 August 1969, a total of 3 months and 11 days.  His net foreign service is 2 years, 4 months, and 27 days.  His records do not show he served in Japan.

3.  The applicant was discharged from active duty in pay grade E-5 on 25 November 1969 for the purpose of immediate reenlistment.  His DD Form 214, item 22c (Foreign and/or Sea Service), shows he was credited with 1 year, 3 months, and 27 days of total foreign service and contained the entry "Korea" annotated to identify the country in which he served this period.

4.  The applicant reenlisted on 26 November 1969 for 3 years.  He was discharged from active duty in pay grade E-1 on 11 May 1971 for hardship.  His DD Form 214, item 22c, dated 11 May 1971, shows zero foreign and/or sea service credit.

5.  Army Regulation 635-5 (Separation Documents), dated 23 January 1967, specified that item 22c (Foreign and/or Sea Service) would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed, e.g., "Foreign and/or Sea Service (USAREUR (United States Army Europe)" which is the command code.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to correction to his DD Form 214, dated 25 November 1969, to also show he served in Vietnam, Germany, and Japan.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The evidence of record shows the applicant served in Germany from 11 January 1967 through 11 June 1968, in the Republic of Vietnam from 30 July 1968 through 15 April 1969, and in Korea from 10 May 1969 through 20 August 1969, for a combined total of 2 years, 4 months, and 27 days.  His records do not show he served in Japan.  He was released from active duty for the purpose of immediate reenlistment on 25 November 1969.  Item 22c of his DD Form 214 shows he was credited with 1 year, 3 months, and 27 days of total foreign service and contained the entry "Korea" to identify the country of his foreign service during this period.

3.  Based on the applicant's last overseas duty station being Korea and in accordance with regulatory guidance, his 25 November 1969 DD Form 214 properly shows the last country (but not the last theater) in which he served during the period covered by the DD Form 214.  There are no provisions for listing all countries in which an individual has served on the DD Form 214.

4.  A review of the applicant's DD Form 214, dated 25 November 1969, revealed that during the preparation of his DD Form 214 administrative errors did occur.  He was credited with 1 year, 3 months, and 27 days total foreign service credit in item 22c and his last overseas theater was shown as "Korea."  The evidence shows he should have been credited with 2 years, 4 months, and 27 days total foreign service and his last overseas theater should be shown as "USARPAC (United States Army Pacific Command) Korea” in item 22c.  Therefore, as a matter of equity, his DD Form 214, dated 25 November 1969, item 22c, should be corrected to show a credit of 2 years, 4 months, and 26 days foreign service and USARPAC/Korea should be entered to correctly show the last theater and country in which the applicant served.

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 correcting item 22c of his DD Form 214, dated 25 November 1969, to show a credit of 2 years, 4  months, and 27 days of foreign service and USARPAC/
Korea, and by providing him a corrected separation document as a result of these changes.

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 correcting his DD Form 214, dated 25 November 1969, to also show he also served in Vietnam, Germany, and Japan.



      ____________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)                                         AR20080018148



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ABCMR Record of Proceedings (cont)                                         AR20080018148



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