IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100019301 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 July 1988, be corrected to reflect the number of years, months, and days he spent overseas.

2.  The applicant states he served in Vietnam, Thailand, Korea, and Germany for a total of 10 years and 3 months; however, his DD Form 214 reflects in block 12f that he only served 5 years, 10 months, and 2 days of foreign service. 

3.  The applicant provides copies of his:

* DD Form 214
* Personnel Qualification Record – Part II (DA Form 2-1)
* DD Forms 4 (Enlistment Contracts)
* DA Form 2496 (Disposition Form)  

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 was inducted into the Army of the United States in Fort Lauderdale, Florida on 10 February 1966.  He completed his training as a wheel vehicle mechanic and served a 1 year tour in Vietnam before he was honorably released from active duty (REFRAD) in the pay grade of E-4 on 9 February 1968.  His DD Form 214 issued at the time reflects his 1 year of foreign service in Vietnam.  

3.  He enlisted in the Regular Army in Coral Gables, Florida on 16 July 1970 for a period of 3 years and he was transferred to Thailand for a 16 month tour.  He remained on active duty through a series of continuous reenlistments.  A          DD Form 214 for the period 16 July 1970 through 2 June 1973 is not available; however, a DD Form 214, for the period 3 June 1973 through 20 January 1977, is available.  

4.  On 21 January 1977, he reenlisted in the pay grade of E-5 for a period of 3 years and assignment to Korea.  He served a 1-year tour in Korea, a 1 year, 
6 month tour in Korea, and a 4 year, 4 month, and 1 day tour in Germany before he was retired on 31 July 1988.  He was transferred to the Retired List effective  1 August 1988 due to length of service.  He had served 20 years and 14 days of total active service and his DD Form 214 issued at the time of his retirement shows he served 5 years, 10 months, and 2 days of foreign service during the period covered by the DD Form 214.

5.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  It provides, in pertinent part, that the DD Form 214 will reflect only foreign service that is performed during the period covered by the DD Form 214. However, effective 1 October 1979, that regulation was changed to eliminate the issuance of a DD Form 214 for immediate reenlistments.  A break in service in excess of 24 hours required that a DD Form 214 be issued from that point and continues presently. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214, dated 31 July 1988, does not reflect all of his foreign service has been noted and appears to have some merit.  The applicant served a 1 year tour in Korea from 15 August 1977 to 
7 August 1978.  He served a 1 year and 6 month tour in Korea from 
22 September 1979 to 18 December 1981; and a 4 year, 4 month and 1 day tour in Germany for a total of 6 years, 10 months, and 1 day of foreign service.  However, his DD Form 214 reflects that he served 5 years, 10 months, and 
1 days of foreign service.

2.  Accordingly, his DD Form 214, block 12f should be corrected to reflect that he served 6 years, 10 months, and 1 day of foreign service.

3.  In actuality, the applicant served 12 years, 5 months, and 1 day of foreign service during his 20-year career; however, only 6 years, 10 months, and 1 day were served during the period covered by his last DD Form 214.  Accordingly, he is entitled to have his last DD Form 214 corrected to reflect the foreign service that was performed during the period covered by this DD Form 214.  He is not entitled to have the foreign service shown on this DD Form 214 that was completed during a prior period of service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 showing in block 12f of his DD Form 214, dated 31 July 1988, that he served 
6 years, 10 months, and 1 day of foreign service.

2.  The Board further determined that 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 showing all foreign service performed during his 20-year career on his 31 July 1988 DD Form 214. 

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply 


appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20100019301



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ABCMR Record of Proceedings (cont)                                         AR20100019301



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