DOCKET NUMBER:  AR20090003957 


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 discharge document to show the periods of his overseas service.

2.  The applicant states he served in the U.S. Army Pacific (USARPAC) from
29 July 1971 through 22 July 1972 and in the U.S. Army Europe (USAREUR) from 4 September 1972 through 15 May 1974; however, this overseas service is not recorded on his final discharge document.  He also states he would like his records to reflect this service because the Department of Veterans Affairs requires confirmation of his second tour of duty in the Republic of Vietnam (RVN) to support his claim for benefits.

3.  The applicant provides, in support of his application, his DA Form 20 (Enlisted Qualification Record), reviewed on 2 June 1970 and audited 30 October 1973; Headquarters, U.S. Army Support Element, Military Region 1 (Vietnam), General Orders Number 148, dated 4  July 1972; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of
26 October 1969; and DD Form 214 (Report of Separation from Active Duty) with an effective date of 17 May 1974.

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 enlisted in the U.S. Army and entered active duty in the Regular Army (RA) on 15 November 1966 for a period of 3 years.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 64C (Truck Master).

3.  The applicant’s military personnel records contain a DA Form 20, reviewed on 3 July 1968 and audited on 13 June 1969.  Item 31 (Foreign Service) shows he served in the USARPAC (RVN) from 27 September 1967 through 19 September 1968 and in the USAREUR (Germany) from 16 December 1968 through
24 October 1969.

4.  The applicant’s DD Form 214 (with an effective date of 26 October 1969) shows he entered active duty this period on 15 November 1966; was honorably released from active duty on 26 October 1969, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) based on early separation from overseas; and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining military service obligation.  At the time he had completed 2 years, 11 months, and 12 days of net active service. Item 22 (Statement of Service), block c (Foreign and/or Sea Service), shows the applicant completed 1 year, 10 months, and 2 days of foreign service and also contains the entry "SEE [ITEM] 30."  Item 30 (Remarks), in pertinent part, shows he served in the USARPAC from 27 September 1967 to 20 September 1968 and in the USAREUR from 16 December 1968 to 25 October 1969.

5.  The applicant enlisted and reentered active duty in the RA on 26 May 1970 for a period of 4 years.  Upon completion of the Teletype Repairman and Special Teletype Equipment Repairer courses, he was awarded primary MOS 31J (Special Teletype Equipment Repairer).

6.  The applicant’s military personnel records contain a DA Form 20, reviewed on 2 June 1970 and audited on 30 October 1973.  Item 31 shows, in pertinent part, he served in the USARPAC (RVN) from 29 July 1971 through 28 July 1972 and in the USAREUR (Germany) from 4 September 1972 through 15 May 1974.

7.  The applicant’s DD Form 214 (with an effective date of 17 May 1974) shows he entered active duty this period on 26 May 1970 and was honorably discharged on 17 May 1974, under the provisions of Army Regulation 635-200, paragraph 5-14, based on early separation of overseas returnee.  At the time he had completed 3 years, 11 months, and 22 days of net active service; 2 years,
11 months, and 12 days of prior active service; 6 years, 11 months, and 4 days of total active service; 6 months and 29 days of prior inactive service; and
7 years, 6 months, and 3 days of total service for pay.  Item 19 (Indochina or Korea Service Since August 5, 1964) shows an "X" was placed in the "Yes" block and this item also contains the entry "2 SEP 67-1 SEP 68."  Item 18 (Record of Service), block f (Foreign and/or Sea Service This Period), shows the applicant completed 2 years, 8 months, and 13 days.  Item 27 (Remarks), in pertinent part, contains the entry "REF ITEM 18F USAREUR".

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's initial separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

9.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  Paragraph 51 (Item 22c), subparagraph b (Enlisted personnel), states, in pertinent part, "[e]nter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed."  Paragraph 62 (Item 30) states that the "Remarks" section will be used to complete entries too long for their respective blocks and also provided specific guidance on required entries.

10.  Army Regulation 635-5, in effect at the time of the applicant's discharge, provided guidance for Indochina or Korea service.  The instructions for Item
19 state that for Vietnam service place an "x" in the "Yes" block and show specific dates of service (e.g., 6 Jan 68 to 21 Dec 68).  The instructions for Item 27 state that the Remarks section will be used to complete entries authorized by Headquarters, Department of the Army, for which a separate item is not available on the DD Form 214 and to complete entries too long for their respective blocks.  It also provided specific guidance on required entries that instructed, in pertinent part, "enter the country in which last period of oversea service was performed."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 with an effective date of 17 May 1974 should be corrected to show he served in the USARPAC (RVN) from 29 July 1971 through 22 July 1972 and in the USAREUR (Germany) from
4 September 1972 through 15 May 1974.

2.  The evidence of record shows the applicant entered active duty in the RA on 15 November 1966; he served in the USARPAC (RVN) from 27 September 1967 to 20 September 1968 and in the USAREUR (Germany) from 16 December 1968 to 25 October 1969; he completed a total of 1 year, 10 months, and 2 days of foreign service; and that this foreign service is accurately recorded on his
DD Form 214 with an effective date of 26 October 1969.

3.  The evidence of record shows the applicant reentered active duty in the RA on 26 May 1970; he served in the USARPAC (RVN) from 29 July 1971 to 28 July 1972 and in the USAREUR (Germany) from 4 September 1972 to 15 May 1974; and he completed a total of 2 years, 8 months, and 13 days of foreign service.  The evidence of record also shows that this foreign service and the location in which the applicant’s last period of oversea service was performed is recorded in item 18, block f, and appropriately continued in item 27.  However, the evidence of record shows the applicant’s service in Indochina (i.e., the RVN) since
5 August 1964 is incorrectly recorded in item 19 of his 1974 DD Form 214. Therefore, it would appropriate to correct the applicant’s DD Form 214 to show all of his service in the RVN since 5 August 1964 (i.e., from 27 September 1967 to 20 September 1968 and from 29 July 1971 to 28 July 1972).

4.  The evidence of record fails to show that there was a requirement to enter the period of foreign service in an area or country other than for Indochina or Korea service on the DD Form 214 at the time of the applicant’s honorable discharge on 17 May 1974.  Therefore, the applicant is not entitled to correction of his
DD Form 214 to show he served in the USAREUR from 4 September 1972 to
15 May 1974.



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 his 17 May 1974 DD Form 214 by:

   a.  deleting from item 19 the entry, "2 SEP 67-1 SEP 68"; and

	b.  adding to item 19 the entry, "27 SEP 67-20 SEP 68/29 JUL 71-28 JUL 72".

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 the period of service the applicant served in the U.S. Army Europe.




      _______ _   ___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)                                         AR20090003957



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ABCMR Record of Proceedings (cont)                                         AR20090003957



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