BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100001060


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 item 22c (Foreign and/or Sea Service) and item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a complete history of his military service detailing the dates of his assignments and transfers to each of his units and the jobs he performed.

2.  The applicant states that:

   a.  he cannot remember any dates surrounding his military service;

   b.  he does recall he was in Vietnam for almost a year to the date

   c.  his Vietnam service shown in item 30 of his DD Form 214 is wrong; and

   d.  he was separated on temporary records because a captain swore to him there was no record of him being in the Army.

3.  The applicant provides a self-authored statement and a copy of his DD Form 214 in support of his requests.

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 available military record shows he enlisted in the Regular Army at the Armed Forces Examining and Entrance Station (AFEES) at Oakland, CA on 30 July 1970, for a period of 3 years.  He attended basic combat training (BCT) at Fort Ord, CA.  He subsequently completed advanced individual training (AIT) and he was awarded military occupational specialty (MOS) 52B (Power Generation Operator).

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) includes an entry in Item 31 (Foreign Service) that shows he served in the Republic of Vietnam (RVN) from 4 October 1971 to 25 April 1972.  Item 38 (Record of Assignments) is incomplete.  The only entry shows he was assigned to C Battery, 1st Battalion, 7th Artillery [Fort Riley, KS] as a power generator mechanic in MOS 52B from
23 July 1973 to the date of his release from active duty (REFRAD) on 27 July 1973.  Additionally, item 47 (Signature of Individual) and item 48 (Date of Audit) contain the applicant's signature with an audit date of 23 July 1973.

4.  A review of his available record contains the following orders:

* Special Orders Number 149, AFEES, Oakland, dated 30 July 1970 assigning the applicant to the U.S. Army Reception Station, Fort Ord, with a reporting date of 30 July 1970 for BCT with an AIT class reporting date of 2 October 1970
* Special Orders Number 94, Headquarters, 1st Infantry Division (Mech), Fort Riley, dated 16 April 1973, assigning the applicant to C Battery, 1st Battalion, 7th Artillery, Fort Riley, with a reporting date of 24 April 1973
* Special Orders Number 146, same headquarters, dated 28 June 1973, advancing the applicant to specialist four (SP4)/E-4, effective 1 June 1973
* Special Orders Number 165, same headquarters, assigning the applicant to the U.S. Army Garrison Transfer Point, Fort Riley, with a reporting date of 27 July 1973
* 
Special Orders Number 165, same headquarters, assigning the applicant to the U.S. Army Reserve (USAR) Control Group (Reinforcement), St. Louis, MO, effective 27 July 1973, to complete his remaining Reserve obligation
* Letter Orders Number 06-1130072, Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, dated 24 June 1976, honorably discharging the applicant from the USAR Control Group Standby, effective 29 July 1976, by reason of expiration of term of service

5.  His record also shows a disciplinary history of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ), as follows:

* on 17 March 1971, while assigned to Company D, 9th Engineer Battalion, Aschaffenburg, Germany, for disobeying a lawful order from a commissioned officer on 12 March 1971 and for failing to go at the time prescribed to his appointed place of duty on 12 March 1971
* on 30 August 1972, while assigned to the 1st Adjutant General Company, Fort Riley, for disobeying a lawful order from a noncommissioned officer on 26 August 1972
* on 14 November 1972, while assigned to the same unit, for being disrespectful in language toward a noncommissioned officer on 
14 November 1972
* on 22 May 1973, while assigned to C Battery, 1st Battalion, 7th Artillery, Fort Riley, for absenting himself from his unit on 22 May 1973

6.  On 27 July 1973, the applicant was honorably REFRAD after completing
2 years, 11 months, and 28 days of total active service.  The DD Form 214 issued to him at that time shows, in Item 22c, that he completed 6 months and
22 days of overseas service in the RVN.

7.  Item 30 of the applicant's DD Form 214 includes the entries “Vietnam - 4 Oct 71 thru 25 Apr 72,” and “Soldier separated from Service on Temporary Records and Soldier’s Affidavit.”  The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are issued to individuals who are retired, discharged or released from active duty.  The regulation also contains guidance on preparation of the 
DD Form 214.  Section III, paragraph 51(b) states to enter the total amount of 

active duty service completed outside the continental limits of the United States 
for the period covered by the DD Form 214 and the last oversea theater in which service was performed.  Item 30 will be used to complete entries too long for their respective blocks.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 22c and item 30 of his DD Form 214 should be corrected.

2.  The evidence of record confirms that the applicant served in Vietnam from
4 October 1971 through 25 April 1972, for a period of 6 months and 22 days, as evidenced by the entry contained in item 31 of his DA Form 20.  There is no evidence of record and the applicant did not provide any evidence showing he served any additional time in the RVN during this enlistment.  Therefore, lacking evidence to the contrary, there appears to be no error or injustice associated with the foreign service entries contained in the applicant's record and DD Form 214.

3.  Regarding the applicant’s request for a complete history of his military service that documents each of his unit of assignments, dates of assignments and transfers, and jobs performed, the evidence of record confirms the applicant was REFRAD on temporary records as evidenced by an entry in item 30 of his DD Form 214.  Therefore, the information he is requesting can only be derived from the limited information contained in his available Official Military Personnel File (OMPF) at the time of his REFRAD.  Accordingly, the applicant will be provided a copy of his DA Form 20, which documented his record of service at that time.

4.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20100001060



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ABCMR Record of Proceedings (cont)                                         AR20100001060



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