IN THE CASE OF:	  

		BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100007687 


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:

	a.  correction of the place of entry into the current period of active service shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 5 December 1969 and

	b.  correction of the date of entry shown on his DD Form 214 (Report of Separation from Active Duty) effective 5 December 1983.

2.  The applicant states he entered active duty at Brooklyn, NY, and was discharged from Chu Lai, Vietnam, for war wounds.  He further states the date of entry for his last period of active duty was 8 May 1979, not 8 March 1979, and that this error is causing issues with his pending claim for benefits from the Department of Veterans Affairs.

3.  The applicant provides copies of his DD Forms 214 effective 5 December 1969 and 5 December 1983.

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.  A DD Form 47 (Record of Induction), dated 23 April 1968, indicates the applicant served in the Regular Army (RA) from 16 May 1963 to 30 October 1963.  A handwritten entry on a DA Form 20 (Enlisted Qualification Record) reflects the same dates and indicates he served as a lineman.  The record does not include any documents pertaining to the facts and circumstances of his service during this period.

3.  On 12 August 1968, the applicant was inducted into the Army of the United States.  After completing basic combat and advanced individual training for military occupational specialty 11B (Light Weapons Infantryman), he was assigned for duty with the Americal Division in Vietnam.

4.  Special Orders Number 106 Extract, Headquarters, Americal Division, dated 16 April 1969, discharged the applicant effective 14 April 1969 for the purpose of enlisting in the RA.

5.  A DD Form 214 issued when he was discharged on 14 April 1969 shows the following:

* item 11b (Station or Installation at which Effected) - Headquarters, Americal Division, Chu Lai, Vietnam
* item 20 (Place of Entry into Current Active Service) - Armed Forces Entrance and Examining Station, Fort Hamilton, NY
* item 22a(1) (Net Service This Period) - 8 months and 3 days
* item 22a(2) (Other Service) - 5 months and 14 days
* item 22a(3) (Total) - 1 year, 1 month, and 17 days
* item 22c (Foreign and/or Sea Service) - U.S. Army Vietnam, 3 months and 1 day

6.  On 15 April 1969, he enlisted in the RA for a period of 3 years at Headquarters, Americal Division, Chu Lai, Vietnam.

7.  A DA Form 20 shows that on or about 30 May 1969 the applicant was assigned as a patient to the Medical Holding Company, 7th Field Hospital, U.S. Army Pacific (USARPAC), and on or about 19 June 1969 he was assigned to the U.S. Army Medical Holding Detachment, St. Albans, Long Island, NY.

8.  Special Orders Number 163 Extract, Headquarters, U.S. Army Medical Detachment, Naval Hospital, St. Albans, NY, dated 9 September 1969, assigned the applicant to his home of record (HOR) to await further orders in connection with physical evaluation board proceedings.

9.  On 5 December 1969, the applicant was released from active duty (REFRAD) and placed on the Temporary Disability Retired List (TDRL).

10.  A DD Form 214 issued when he was REFRAD on 5 December 1969 shows the following:

* item 17c (Date of Entry) – 12 August 1968
* item 22a(1) (Net Service This Period) - 1 year, 9 months, and 9 days
* item 22a(2) (Other Service) - 0 years, 0 months, and 0 days
* item 22a(3) (Total) - 1 year, 9 months, and 9 days
* item 22c (Foreign and/or Sea Service) - 5 months and 5 days
* item 20 (Place of Entry into Current Active Service) – Chu Lai, Vietnam

11.  After recovering from injuries he received in Vietnam, the applicant returned to military service in the U.S. Army Reserve and the RA, serving until his medical retirement on 5 December 1983.

12.  The applicant's official military personnel file includes a DD Form 214 showing he was discharged on 7 May 1979.  A DD Form 4 (Enlistment/
Reenlistment Document - Armed Forces of the United States) shows he immediately reenlisted on 8 May 1979.  The date 8 May 1979 was used throughout this document with one exception.  Section B (Agreements) shows the date 8 March 1979 in item 10 (Agreements).

13.  The DD Form 214 issued to the applicant at the time of his retirement on 5 December 1983 shows the date 8 March 1979 in item 12a (Date Entered Active Duty This Period).

	a.  Item 12c (Net Active Service This Period) shows he served 4 years, 8 months, and 28 days.  This is an accurate sum of the time from 8 March 1979 to 5 December 1983.

	b.  Item 18 (Remarks) includes the statement "IMMEDIATE REENLISTMENT THIS PERIOD:  790308 TO 820527."

14.  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 his or her military service.  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 and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.

	a.  The regulation in effect at the time stated that item 11b was self-explanatory.

	b.  The entry for item 20 for enlisted personnel was the place at which induction or enlistment was accomplished.

	c.  Item 22a(1) was to be completed by calculating the total service completed between the date of entry shown in item 10c or 17c and the effective date of separation shown in item 11d.

	d.  Item 22a(2) was to show all prior service excluding any service shown in item 22a(1).

	e.  Item 22c was to show total active duty outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., "Foreign and/or Sea Service - USAREUR.")

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of the place of entry into the current period of active service shown on his DD Form 214 effective 5 December 1969 and correction of the date of entry shown on his DD Form 214 effective 5 December 1983 is partially supported by the evidence.

2.  The evidence of record shows the applicant was discharged on 14 April 1969 and immediately reenlisted on 15 April 1969 at Chu Lai, Vietnam.  The entry in item 20 of the DD Form 214 issued on 5 December 1969 is correct.  He is not entitled to correction of this DD Form 214 to show he entered this period of service at Brooklyn, NY.

3.  The preponderance of evidence indicates that the separation authority responsible for processing the applicant's REFRAD and transfer to the TDRL did not have access to his complete personnel record.  As a result, the DD Form 214 issued on 5 December 1969 contains several incorrect entries.

	a.  Item 17c shows the applicant enlisted in the RA on 12 August 1968.  This entry should read 15 April 1969, the date he enlisted in the RA while serving in Vietnam.

	b.  The entries for net service and total service appear to reflect the total of the applicant's service in 1963 and his service from 12 August 1968 to 5 December 1969.  These entries should reflect his service from 15 April 1969 to 5 December 1969.

		(1)  Item 22a(1) should show 0 years, 7 months, and 22 days;

		(2)  Item 22a(2) should show his total service as it appears on the DD Form 214 issued on 14 April 1969 - 1 year, 1 month, and 17 days;

		(3)  Item 22a(3) remains correct, showing the sum of the corrected entries in items 22a(1) and 22a(2) as follows:

		   0 years   7 months   22 days
		+ 1 year     1 month    17 days
		   1 year     9 months    9 days

		(4)  Item 22c should show service in USARPAC for 2 months and 4 days, the remainder of the foreign service not documented by the DD Form 214 issued when he reenlisted in Vietnam.

4.  In light of the above, the applicant is entitled to correction of the DD Form 214 effective 5 December 1969 to show:

* item 22a(1) - 0 years, 7 months, and 22 days
* item 22a(2) - 1 year, 1 month, and 17 days
* item 22c - USARPAC, 2 months, 4 days

5.  The nature of the applicant's request indicates he is not in possession of the DD Form 214 issued when he was discharged to enlist in the RA on 14 April 1969.  He will be given a copy of this document for his personal records.

6.  The evidence of record shows the applicant was discharged on 7 May 1979 and immediately reenlisted on 8 May 1979.  It appears the separation authority who prepared his final DD Form 214 transcribed the date as 8 March 1979, which had been erroneously entered on his reenlistment document.  He is entitled to correction of his final DD Form 214 to show he entered active duty on 8 May 1979.

7.  The separation authority also used the incorrect date of 8 March 1979 to calculate his net active service.  The incorrect date of entry is also shown in item 18.  The correct period of service, 8 May 1979 to 5 December 1983, spanned 4 years, 6 months, and 28 days.  He is entitled to correction of item 12c of his DD Form 214 effective 5 December 1983 to show 4 years, 6 months, and 28 days, and correction of item 18 to show he reenlisted on 8 May 1979.

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 is 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 the following from the DD Form 214 effective 5 December 1969:

* item 22a(1) - 1 year, 9 months, 9 days
* item 22a(2) - 0 years, 0 months, 0 days
* item 22c - 0 years, 5 months, 5 days

	b.  adding the following to the DD Form 214 effective 5 December 1969:

* item 22a(1) - 0 years, 7 months, and 22 days
* item 22a(2) - 1 year, 1 month, and 17 days
* item 22c - USARPAC, 0 years, 2 months, 4 days

	c.  deleting the following from the DD Form 214 effective 5 December 1983:

* item 12a - 79  03  08
* item 12c - 04  08  28
* item 18 - IMMEDIATE REENLISTMENT THIS PERIOD - 790308 TO 820527



	d.  adding the following to the DD Form 214 effective 5 December 1983:

* item 12a – 79  05  08
* item 12c – 04  06  28
* item 18 - IMMEDIATE REENLISTMENT THIS PERIOD - 790508 TO 820527

2.  The Board further determined 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 place of entry into current active service on the DD Form 214 effective 5 December 1969.



      _____________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)                                         AR20100007687



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ABCMR Record of Proceedings (cont)                                         AR20100007687



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