IN THE CASE OF:	  

		BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100000159 


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 (Report of Separation from Active Duty) for the period ending 28 April 1976 to show his total combat [sic] (foreign) service.

2.  The applicant states Item 18f (Foreign and/or Sea Service This Period) does not list his total foreign service.  This has caused concern at the Department of Veterans Affairs (DVA) hospital.

3.  The applicant provides a copy of his DD Form 214, dated 28 April 1976.

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 enlisted in the Regular Army (RA) on 20 March 1963 and held military occupational specialty 630.00 (Automotive Maintenance Helper).  

3.  His records further show he served in Germany from 8 August 1963 to 2 August 1964.  While in Germany, he was honorably discharged on 26 June 1964 for the purpose of immediate reenlistment in the RA.

4.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed 1 year, 3 months, and 7 days of creditable active service during this period of enlistment of which 10 months and 19 days was foreign service (from 8 August 1963 [date he arrived in Germany] to 26 June 1964 [date he was discharged].

5.  He reenlisted for a period of 4 years in the RA on 27 June 1964 while in Germany.  He then departed Germany on 2 August 1964 to Fort Sill, OK.  He subsequently served in Vietnam from on or about 4 October 1965 to on or about 21 September 1966, as shown in item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record).  Other documents show his Vietnam service from 23 September 1965 to 23 September 1966. 

6.  He was honorably released from active duty on 27 June 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

7.  The DD Form 214 he was issued shows he completed 3 years and 1 day of creditable active service during this period of reenlistment of which 1 year and 24 days was foreign service as follows:

* from 27 June 1964 (date he reenlisted) to 2 August 1964 (date he left Germany), 1 month and 7 days 
* from 4 October 1965 to 21 September 1966, dates of service in Vietnam, 11 months and 17 days

8.  After a short break in service, he enlisted in the RA for a period of 3 years on 14 July 1969.  He subsequently served in Korea from 29 May 1970 to 23 October 1970 (4 months and 24 days) and Vietnam from 7 December 1970 to 8 December 1971.  While in Vietnam, he was honorably discharged on 13 July 1971 for the purpose of immediate reenlistment.  

9.  A copy of his DD Form 214 for the period ending on 13 July 1971 is not available for review with this case; however, it would have shown completion of 4 months and 24 days of foreign service in Korea and 7 months of foreign service in Vietnam (from 7 December 1970 [date he arrived in Vietnam] to 13 July 1970 [date he was discharged].

10.  He executed a 6-year reenlistment on 14 July 1971 while in Vietnam.  He left Vietnam on 8 December 1971 and he subsequently served in various locations.  He was ultimately discharged on 28 April 1976.

11.  The DD Form 214 he was issued shows he completed 4 years, 9 months, and 13 days of creditable active service during this period of reenlistment.  This form further shows the following entries:

* Item 18f shows completion of 4 months and 25 days of foreign service (from 14 July 1971, date he reenlisted, to 8 December 1971, date he left Vietnam)
* Item 19 (Indochina or Korea Service Since August 1964) shows the entries "701207 - 711208 (his second Vietnam service) and 650923 - 660923 (his first Vietnam service)

12.  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 version of Army Regulation 635-5 in effect on 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.  The version in effect on 20 August 1973 states, for Vietnam service since August 1964, an "X" is entered in the "Yes" block and the specific dates of service are listed in item 19.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 for the period ending on 28 April 1976 should be corrected to show his total foreign service.

2.  The evidence of record shows the applicant initially entered active duty on 20 March 1963 and his last discharge was on 28 April 1976.  He was issued several separation/discharge documents capturing each period of active service. He also completed various periods of foreign service throughout his military service.  As required by applicable regulation, each period of foreign service is properly documented on the appropriate DD Form 214 that covered it.

3.  He served in Vietnam from 7 December 1970 to 8 December 1971.  A previously issued DD Form 214, ending on 13 July 1970, would have shown completion of 7 months of foreign service in Vietnam (from 7 December 1970, date he arrived in Vietnam, to 13 July 1970, date he was discharged) and his last DD Form 214, ending on 28 April 1976, correctly captured the remainder of this period of foreign service, 4 months and 25 days.  

4.  Furthermore, at the time of his discharge in 1976, the regulation required an entry for any Vietnam service completed since 1964.  He had previously served in Vietnam from 4 October 1965 to 21 September 1966 and 7 December 1970 to 8 December 1971, both of which appear to be correctly shown on his DD Form 214.  There does not appear to be an error or an injustice.

5.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In order to justify correction of a military record, he must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  He did not submit evidence that would satisfy this requirement.  Therefore, there is insufficient evidence to grant him the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20100000159



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ABCMR Record of Proceedings (cont)                                         AR20100000159



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