IN THE CASE OF:	

		BOARD DATE:	4 August 2009  

		DOCKET NUMBER:  AR20090003597 


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 22b (Total Active Service) and item 22c (Foreign and/or Sea Service) of his 4 December 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.

2.  The applicant states, in effect, that the total active service reflected in item 22b of his DD Form 214 should reflect that the completed 3 and not 2 years, 9 months, and 12 days of active duty service.  He further states that item 12c is also in error given he served in Europe for 2 years and in the Republic of Vietnam (RVN) for 8 months.

3.  The applicant provides no 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.  The applicant's record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States) which shows he enlisted in the Regular Army for 4 years and entered active duty on 23 February 1966.  His DA Form  20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) that he served in Germany from 11 September 1966 through 22 August 1968 (1 year, 11 months, and 12 days) and in the RVN from 17 April 1969 through 3 December 1969 (7 months and 17 days), which totals 2 years, 6 months, and 29 days of overseas service.

3.  On 4 December 1969, the applicant was honorably released from active duty under the provisions of chapter 5, Army Regulation 635-200 (Personnel Separations), by reason of early separation of overseas returnee.  The DD Form 214 he was issued at the time shows he entered active duty on 23 February 1966 in item 17c (Date of Entry) and that he was separated from active duty on 4 December 1969 in item 11d (Effective Date).  Item 22a(1) (Net Service This Period) shows he completed 3 years, 9 months, and 12 days of active duty service during the period covered by the DD Form 214.  Item 22b shows he completed a total of 2 years, 9 months, and 29 days of active military service.  Item 22c shows he completed 2 years, 6 months, and 29 days of overseas service.

4.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also established standardized policy for preparing and distributing the DD Form 214.  The regulation stipulated that the information in item 22b will be the total active service the individual has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the Army National Guard or United States Army Reserve not on active duty, and less time lost under Title 10, U.S. Code, section 972.  It further stipulated to enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 in item 22c.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the total active service listed in item 22b of his DD Form 214 is incorrect was carefully considered and found to have merit.  By regulation, the period entered in item 22b should be the total of all active military service completed beginning with the earliest period of active service up to and including the current period of active duty this period (19660223-19691204).  The evidence of record confirms the applicant completed a total of 3 years, 9 months, and 29 days of active duty service from 23 February 1966 through 4 December 1969, as reflected in item 22a(1) of his DD Form 214.  Therefore, it would be appropriate to correct item 22b to reflect this total period of active military service.

2.  The applicant's contention that the total period of foreign service entered in item 22c is in error was also carefully considered.  However, the evidence of record confirms the applicant served in Germany for 1 year, 11 months, and 12 days from 11 September 1966 through 22 August 1968 and that he served in the RVN for 7 months and 17 days from 17 April 1969 through 3 December 1969. 
As a result, the record confirms he completed a total of 2 years, 6 months, and 29 days of foreign service which is accurately reflected in item 22c of his DD Form 214.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

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 the applicant's DD Form 214, dated 4 December 1969, by deleting the current entry in item 22b and replacing it with the entry "3  9  12" and by providing him a correction to his separation document that includes 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 correcting item 22c of the applicant's 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)                                         AR20090003597



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ABCMR Record of Proceedings (cont)                                         AR20090003597



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