IN THE CASE OF:	  

		BOARD DATE:	  18 May 2010

		DOCKET NUMBER:  AR20090019621 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 May 1981 to show all periods of his foreign service. 

2.  The applicant states that his DD Form 214 for the period ending on 31 May 1981 listed a period of 1 month and 21 days of foreign service which is incorrect. His previous DD Form 214 (Report of Separation from Active Duty) for the period ending on 4 May 1977 listed 2 years, 10 months, and 11 days of foreign service. However, item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows all his foreign service, which adds up to 84 months, or 7 years, of foreign service.  If he was awarded 7 overseas service bars and each bar represents 6 months of foreign service, then his foreign service is listed incorrectly. 

3.  The applicant provides a copy of his DD Form 214 for the period ending on 
31 May 1981; a copy of page 1 of his 4-page DA Form 2-1; and a copy of a letter, dated 26 May 2009, from the National Personnel Records Center.

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 initially enlisted in the U.S. Navy on 21 October 1959 and he was honorably released from active duty on 20 September 1963.  A DD Form 214 for this period of service is not available for review with this case; however; a subsequent DA Form 20 (Enlisted Qualification Record) shows he completed 3 years, 8 months, and 1 day of foreign service in Japan from on or about 1 December 1959 to on or about 1 August 1963 during this period of enlistment.

3.  His records further show he enlisted in the Regular Army (RA) on 20 April 1965 and held military occupational specialty 12B (Combat Engineer).  He served through multiple reenlistments, within and outside continental United States, and he was honorably retired in the rank of sergeant first class on 31 May 1981. 

4.  His DA Form 20 shows he completed the following periods of foreign service:

* Japan, 3 years, 8 months, and 1 day; 1 December 1959 to 1 August 1963
* Germany, 4 months and 20 days; 23 October 1965 to 14 March 1966
* Vietnam, 1 year; 27 April 1966 to 26 April 1967
* Vietnam, 1 year, 7 months, and 2 days; 5 April 1968 to 6 November 1969
* Germany, 3 months and 23 days; 20 June 1971 to 12 October 1971
* Vietnam, 7 months and 21 days; 2 November 1971 to 22 June 1972
* Germany, 3 years and 2 days; 24 June 1974 to 25 June 1977.

5.  He was issued several discharge and/or separation documents during his military service as follows:

	a.  DD Form 214 for the period from 20 April 1965 to 10 April 1967.  Item 22c (Foreign and/or Sea Service) of this form shows he completed 5 years and 12 days of foreign service.  This accounted for his Japan service, Germany service, and a portion of his Vietnam service during the period covered by this DD Form 214.

	b.  DD Form 214 for the period from 11 April 1967 to 29 July 1971.  Item 22c does not show completion of any foreign service.  
	c.  DD Form 214 for the period from 30 July 1971 to 4 May 1977.  Item 18f (Foreign and/or Sea Service During This Period) shows he completed 2 years, 10 months, and 11 days of foreign service.

	d.  DD Form 214 for the period from 5 May 1977 to 31 May 1981.  Item 12f (Foreign Service) shows he completed 1 month and 21 days of foreign service during the period covered by this DD Form 214.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The version of Army Regulation 635-5 in effect at the time (1 February 1967) required an entry in item 22c or 18f of the total active duty outside 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 contends that his DD Form 214 should be corrected to show all of his foreign service.

2.  The evidence of record confirms the applicant served in the RA from 20 April 1965 through 31 May 1981.  He was issued several DD Form 214 during his service.  By regulation, each DD Form 214 should have captured his total active duty outside 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.  In two occasions, this did not happen:

3.  Item 22c of the DD Form 214 for the period 11 April 1967 to 29 July 1971 does not show completion of any foreign service.  However, during the period covered by this DD Form 214:

	a.  He completed 16 days of foreign service in Vietnam from 11 April 1967 (beginning date of the DD Form 214) to 26 April 1967; he also completed 1 year, 7 months, and 2 days of foreign service in Vietnam, from 5 April 1968 to 6 November 1969; and he completed 1 month and 10 days of foreign service in Germany from 20 June 1971 to 29 July 1971 (ending date of the DD Form 214), for a total of 1 year, 8 months, and 28 days of foreign service.  
	b.  Therefore, this DD Form 214 should be corrected to reflect 1 year, 8 months, and 28 days of foreign service.  

4.  Item 18f of the DD Form 214 for the period 30 July 1971 to 4 May 1977 shows he completed 2 years, 10 months, and 11 days of foreign service.  However, during the period covered by this DD Form 214:

	a.  He completed 2 months and 13 days of foreign service in Germany from 30 July 1971 (beginning date of the DD Form 214) to 12 October 1971; he also completed 7 months and 21 days of foreign service in Vietnam from 2 November 1971 to 22 June 1972; and he completed 2 years, 10 months, and 11 days of foreign service in Germany from 24 June 1974 to 4 May 1977 (ending date of the DD Form 214) for a total of 3 years, 8, and 15 days of foreign service. 

	b.  Therefore, this DD Form 214 should be corrected to 3 years, 8, and 15 days of foreign service.

5.  With respect to his last DD Form 214 for the period 5 May 1977 to 31 May 1981, item 12f shows he completed 1 month and 21 days of foreign service.  This entry is correct since it shows the total active duty outside continental limits of the United States for the period covered by the DD Form 214.  He served in Germany for 1 month and 21 days from 5 May 1977 (beginning date of the DD Form 214) to 25 June 1977 (ending date of his Germany overseas tour).

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.  adding to item 22c of the DD Form 214 for the period 11 April 1967 to 29 July 1971 the entry "01  08  28"; 

	b.  deleting from item 18f of the DD Form 214 for the period 30 July 1971 to 4 May 1977 the entry "02  10  11" and adding the entry "03  08  15."

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 correction of foreign service on the DD Form 214 for the period from 5 May 1977 to 31 May 1981.



      _______ _ 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)                                         AR20090019621





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ABCMR Record of Proceedings (cont)                                         AR20090019621



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