IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100016378


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 last DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam (RVN) and to show he completed 12 years of civilian education.

2.  The applicant states he served in Vietnam and needs this reflected on his DD Form 214 so his disability claim can be processed.

3.  The applicant provided no additional documentary evidence.

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 on 24 January 1962.  He completed basic combat and advanced individual training and was awarded military occupational specialty 93H (Air Traffic Control Tower Operator).

3.  Item 24 (Civilian Education) of his initial DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 24 January 1962, shows he completed 10 years of civilian education, but he did not graduate from high school.

4.  He was issued a general discharge under honorable conditions on 18 August 1970 and was credited with 8 years, 6 months, and 25 days of active service.

5.  His records indicate he completed a total of 4 years, 3 months, and 25 days of foreign service as follows:

	a.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 for the period ending 13 November 1969 shows he completed 3 years, 11 months, and 11 days of foreign service.  Records indicate he served in U.S. Army Europe and U.S. Army Vietnam.  Exact tour dates cannot be established; however, his U.S. Army Vietnam service is annotated in item 22c.

	b.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 for the period ending 18 August 1970 shows he completed 4 months and 14 days of foreign service. Records indicate he served in U.S. Army Japan, U.S. Army Pacific Command (USARPAC).

6.  His records do not indicate his exact period of service in Vietnam; however, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 13 November 1969 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and two overseas service bars.  Item 24 of his DD Form 214 for the period ending 18 August 1970 shows only the National Defense Service Medal.

7.  The highest level of civilian education he completed as indicated by each of his three DD Forms 214, dated 11 February 1964, 13 November 1969, and 18 August 1970, was a general education degree (GED).

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  It stated:

	a.  Item 22c will show total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed (e.g., USARPAC, etc.).

	b.  Item 30 will show the highest civilian education level attained.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214, dated 18 August 1970, to show his service in RVN and to show he completed 12 years of civilian education has been carefully considered; however, there is insufficient evidence to support his request.

2.  Based on his DD Form 214 dated 13 November 1969, it appears he served in the RVN; however, the exact dates of service are unknown.  In order to make the correction he is seeking, exact dates must be established – the date of departure for service in the RVN and the date of return to the continental United States.  Additionally, there must be documentary evidence to support completion of a period of service in the RVN.  Absent such documents, there is insufficient evidence to grant the requested relief.

3.  He contends his last DD Form 214 should show he completed 12 years of civilian education.  He did not graduate from high school as evidenced by his initial DD Form 4; however, the evidence of record shows he later completed his GED and it is annotated on each of his DD Forms 214.  Therefore, the record is correct and he is not entitled to 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)                                         AR20100017975



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100016378



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1