IN THE CASE OF:	

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090016194 


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 two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 2 July 1946 (hereafter referred to as birth month July instead of June).  He also requests correction of his DD Form 214 for the period ending 21 February 1973 to show 2 years of foreign service in Vietnam as he also served in Vietnam in 1968 - 1969.

2.  The applicant states he served two years in Vietnam, not one year.

3.  The applicant provides a copy of his birth certificate and his DD Form 214 for the period ending 21 February 1973.

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 was inducted into the Army of the United States on 12 May 1967.  He was awarded the military occupational specialty of light weapons infantryman.  He reenlisted for 4 years on 22 February 1969.  His applicant's DD Form 214 for the period ending 21 February 1969 shows 1 year of foreign service (for Vietnam) in item 22c.  The highest grade he held was pay grade E-5.

3.  The applicant's birth certificate and DD Form 47 (Record of Induction) both show his birth month as July.

4.  The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) for his 22 February 1969 reenlistment shows his birth month as June.  Both his DD Forms 214 show his birth month as June.

5.  On 21 February 1973, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Standby) to complete his remaining Reserve obligation.  His DD Form 214 for this period of service shows his birth month as June.  This document shows he completed a total 5 years, 9 months, and 10 days of active military service.  Item 30 (Remarks) of this document contains the entry, "Vietnam - 28 Feb 71 thru 25 Jan 72; Indochina - Yes; Korea - No."  Item 30 also contains a handwritten entry, "Also in Vietnam 68-69."

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It is a summary of a Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  It also establishes standardized policy for the preparation of the DD Form 214.  It prescribes entry of 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 service was performed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's birth certificate and DD Form 47 show his birth month as July.  As such, it appears the birth month on the applicant's DD Form 4 and both of his DD Forms 214 was transcribed in error; therefore, it would be appropriate to correct these three documents to show his birth month as July.

2.  Any service the applicant had in Vietnam during the 1968-1969 time frame would be shown on the applicant's DD Form 214 for the period ending 21 February 1969, which shows 1 year of foreign service in item 22c for that period of active duty.  As such, since a DD Form 214 should only show foreign service for a Soldier's most recent period of continuous active duty, any prior service in Vietnam would not be shown on his DD Form 214 for the period ending 21 February 1973.

3.  The evidence indicates the applicant's foreign service is properly shown on his DD Form 214 for the period ending 21 February 1973.  Therefore, there is insufficient basis to change this entry.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 birth month to show July on his DD Form 4 and both of his DD Forms 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 correcting his DD Form 214 for the period ending 21 February 1973 to show 2 years of service in Vietnam.



      ____________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)                                         AR20090016194



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ABCMR Record of Proceedings (cont)                                         AR20090016194



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