IN THE CASE OF:	  

		BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090011067 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 January 1973 to show his service in the Republic of Vietnam.

2.  The applicant states that he served in Vietnam from 10 May 1967 to 9 July 1968 and he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal, but his DD Form 214 does not show his service in Vietnam.

3.  The applicant provides a copy of page 2 of his DA Form 20 (Enlisted Qualification Record) in support of his request.

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 records show he was inducted into the Army of the United States and he entered active service on 11 January 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 16B (Hercules Missile Crewman).  He was subsequently reassigned to U.S. Army, Europe (USAREUR) on 28 May 1966 and he was assigned to the 1st Battalion, 67th Artillery in Germany.

3.  The applicant’s records also show that while serving in Germany, he was honorably discharged on 30 January 1967 for the purpose of immediate enlistment in the Regular Army (RA).  The DD Form 214 he was issued shows he completed 8 months and 3 days of foreign service in USAEUR.

4.  The applicant’s records further show he executed a 3-year enlistment in the RA on 31 January 1967.  He departed Germany en route to the U.S. Army Pacific Command (USARPAC) on 25 March 1967 and he subsequently served in Vietnam from on or about 10 May 1967 to on or about 9 July 1968.

5.  On 10 July 1968, the applicant departed Vietnam en route to Okinawa and on 18 July 1968, he was assigned to the 1st Battalion, 65th Artillery, U.S. Army Ryukyu Islands (USARYIS).  However, on 27 November 1968, he departed the USARYIS on emergency leave and he was subsequently reassigned to the
4th Battalion, 4th Artillery, Edgewood Arsenal, MD.

6.  The applicant’s records also show that while serving at Edgewood Arsenal, the applicant was honorably discharged on 26 August 1969 for the purpose of immediate reenlistment in the RA.  The DD Form 214 he was issued shows the following entries:

	a.  Item 16c (Date of Entry) shows the entry "27 Aug 69";

	b.  Item 11d (Effective Date) shows the entry "26 Aug 69";

	c.  Item 22 (Statement of Service) shows the following entries:

		(1)  Item 22a(1) (Net Service This Period) shows "3  1  0";

		(2)  Item 22a(2) (Other Service) shows "0  6  15";

		(3)  Item 22a(3) (Total) shows "3  7  15";

		(4)  Item 22b (Total Active Service) shows "3  7  15"; and 

		(5)  Item 22c (Foreign and/or Sea Service) shows he completed "2  6  10" of foreign service; however, the major theater command is not listed in item 22c next to his foreign service on this DD Form 214.

7.  The applicant’s records further show he executed a 6-year reenlistment in the RA on 27 August 1969.  He was subsequently reassigned to Korea (USARPAC) and he served with the 4th Squadron, 7th Cavalry, from on or about 2 April 1970 to on or about 1 May 1971.

8.  The applicant’s records also show that upon completion of his tour in Korea, he was reassigned to Fort Hood, TX.  He was ultimately discharged on
12 January 1973 for the convenience of the Government with a general, under honorable conditions discharge.  The DD Form 214 he was issued shows he completed 1 year and 1 month of foreign service.  Additionally, item 30 (Remarks) of this DD Form 214 shows the entry "see 22c:  Vietnam-No, Indochina-No, Korea-Yes."

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 22c will show 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 service was performed, e.g. USAREUR, USARPAC, etc.  Furthermore, item 30 is used for Department of the Army mandatory requirements, when a separate block is not available, and as a continuation entry.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending
12 January 1973 should be corrected to show his Vietnam service.

2.  With respect to the applicant’s first period of service (induction), the applicant completed 1 year and 20 days of active service of which 8 months and 3 days of was foreign service in USAREUR, which is correctly shown on his DD Form 214 for the period ending 30 January 1967.

3.  With respect to the applicant’s second period of service (enlistment), this DD Form 214 contains multiple administrative errors:

	a.  The applicant enlisted in the RA on 31 January 1967.  This date is erroneously shown as 27 August 1969 in item 16c.  Therefore, it should be corrected to reflect the correct date of entry.

	b.  The applicant was discharged on 26 August 1969 for the purpose of reenlistment.  Having enlisted on 31 January 1967, he completed 2 years, 6 months, and 27 days of net service this period which is erroneously shown as 3 years and 1 month in item 22a(1).  Additionally, he previously completed 1 year and 20 days of active service which is also erroneously shown as 6 months and 15 days in item 22a(2).  However, these erroneous entries did not cause more erroneous entries in item 22a(3) and 22b.  Therefore, the applicant is entitled to correction of this DD Form 214 to show "31 Jan 67" in item 16c; "2 years, 6 months, and 27 days" in item 22a(1); and "1 year and 20 days" in item 22a(2).

	c.  The applicant served in Vietnam from on or about 10 May 1967 to on or about 9 July 1968.  However, he also served in the USARYIS from on or about 10 July 1968 to on or about 27 November 1968 before he was discharged on 26 August 1969.  The regulation in effect at the time required the DD Form 214 to show 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 service performed.  Therefore:

		(1)  He is entitled to correction of this DD Form 214 to show the entry "USARYIS" in item 22c.

		(2)  Although Vietnam was not his last overseas theater during this period, as an exception to policy and in the interest of clarity, there is no harm to the Army or the Soldier if his service in the Vietnam is listed in item 30.

4.  With respect to the applicant’s third period of service (reenlistment), he served in Korea from on or about 2 April 1970 to on or about 1 May 1971.  He completed 1 year and 1 month of foreign service in Korea (USARPAC).  His DD Form 214 correctly reflects his foreign service in Korea.  

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 16c of his DD Form 214 for the period ending 26 August 1969 the entry "27 Aug 69" and replacing it with the entry "31 Jan 67";

	b.  deleting from item 22a(1) of his DD Form 214 for the period ending 
26 August 1969 the entry "3  1  0" and replacing it with the entry "2  6  27";

	c.  deleting from item 22a(2) of his DD Form 214 for the period ending 
26 August 1969 the entry "0  6  15" and replacing it with the entry "1  0  20";

	d.  adding to item 22c of his DD Form 214 for the period ending 26 August 1969 the entry "USARPAC"; and

	e.  adding to item 30 of his DD Form 214 for the period ending 26 August 1969 the entry "RVN service from 21 October 1968 to 24 March 1969.”

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the request relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 for the period ending 12 January 1973.




      __________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)                                         AR20090011067



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ABCMR Record of Proceedings (cont)                                         AR20090011067



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