IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100012379 


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 item 22 (Statement of Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the 24 months that he served in the Republic of Vietnam (RVN).

2.  The applicant states his DD Form 214 does not reflect any foreign service in item 22.  He served 6 months in the United States and 24 months in the Republic of Vietnam (RVN) for a total of 3 years of military service.

3.  The applicant provides the following documents in support of his application:

* self-authored statement
* 18 March 1968 DD Form 214
* Honorable Discharge Certificate

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 record shows he was initially inducted into the Army of the United States and entered active duty on 12 March 1968, and served until he was honorably discharged by reason of immediate enlistment on 18 March 1968.  Item 22 of the DD Form 214 issued at that time shows he completed 7 days of active military service and no foreign service.

3.  On 19 March 1968, the applicant enlisted into the Regular Army.  He was trained in and served in military occupational specialty (MOS) 17L (Aerial Sensor Specialist).

4.  The DA Form 20 (Enlisted Qualification Record) shows in Item 31 (Foreign Service) that the applicant initially served in the RVN from 29 October 1968 to 4 January 1970.  It also shows he that he extended his tour of service in the RVN on two separate occasions for a period of 6 months each, finally departing the RVN on 9 December 1970.  Additionally, item 47 (Signature of Individual) and item 48 (Date of Audit) contain the applicant's signature with an audit date of      21 October 1970.

5.  On 15 December 1970, the applicant was honorably released from active duty (REFRAD).  The DD Form 214 issued at that time shows he completed the following lengths of service in the items indicated:

* Item 22a(1) (Net Service This Period) – 2 years, 8 months, and 27 days 
* Item 22a(2) (Other Service) – 7 days
* Item 22b (Total Active Service) – 2 years, 9 months, and 4 days
* Item 22c (Foreign Service) – 2 years, 1 month, and 18 days

6.  Item 30 (Remarks) of the applicant's DD Form 214 includes the entry “RVN:  28 Oct 68 – 23 Nov 68 – 1 Jan 70 -28 Apr 70 – 1 Jun 70 – 13 Dec 70.”  The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It also establishes standardized policy for preparing and distributing the DD Form 214.

8.  Chapter 2 of the separation documents regulation contains item-by-item instructions for preparing the DD Form 214.  It states that the following will be entered in the items indicated: 

	a.  item 22b will include the total active service an individual has completed beginning with the earliest period of active service up to and including the current period service, less any period of Army National Guard or United States Army Reserve service;

	b.  item 22c include the total active duty service outside the continental limits for the period covered by the DD Form 214 and the last oversea theater in which service was performed; and

	c.  item 30 will include the inclusive dates of service in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 22 of his 18 March 1968 DD Form 214 should be corrected to show his complete active duty military and foreign service.  

2.  By regulation, the DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

3.  The evidence of record confirms the applicant only completed 7 days service from 12 - 18 March 1968 when his initial DD Form 214 was issued and he had not completed any foreign service at that time.  As a result, there is no basis upon which to add any additional service to the DD Form 214 in question.

4.  The evidence of record confirms the applicant‘s two periods of active duty service and his foreign service is accurately documented on his final 
DD Form 214 issued on 15 December 1970.  This document confirms he completed a total of 2 years, 9 months, and 4 days of creditable active duty service of which 2 years, 1 month, and 18 days was foreign service completed in the RVN.  A copy of his last DD Form 214 will be provided to him.

5.  The evidence of record contains no evidence and the applicant failed to provide any evidence to show he completed 3 years total active duty service.  Absent any evidence to corroborate the applicant’s claim, there is an insufficient evidentiary basis upon which to grant the requested relief in this case.


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)                                         AR20100012379





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ABCMR Record of Proceedings (cont)                                         AR20100012379



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