IN THE CASE OF:	  

		BOARD DATE:	    15 February 2011

		DOCKET NUMBER:  AR20100020875 


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 to Item 12a (Date Entered AD (active duty) This Period), 12f (Foreign Service), and 12g (Sea Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1991.

2.  He states Item 12a should reflect the date 18 May 1975, Item 12f should reflect 12 months of foreign service for his service in Vietnam, and Item 12g should reflect 6 months for his MED (Mediterranean) Cruise (U.S. Marine Corps (USMC)) in 1972.  He also states he entered in the Regular Army (RA) on 20 May 1975 and not 22 December 1976.  He served in the USMC from 1973 to 1976.  He served in Vietnam from February 1968 to December 1968 with 2 months credited from Hawaii (September 1967 to January 1968) prior to being deployed to Vietnam via a U.S. naval ship with the USMC.  

3.  He provides:

* USMC Enlistment Contract and Record
* NQVMC Forms 118 (Combat History – Expeditions –Awards Record) and Sea and Air Travel – Embarkation Slips
* USMC DD Form 214 MC (Armed Forces of the United States Report Transfer or Discharge) and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* DD Form 214 for the period ending 31 March 1991
* Retirement orders

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 records show he enlisted in the USMC on 6 April 1967.  A Sea and Air Travel-Embarkation Slip shows he arrived in Hawaii on 10 October 1967 and in Vietnam on 23 February 1968.  This document is void of his departure date from Vietnam.  

3.  He was honorably discharged from the USMC on 28 September 1973.  He was issued a DD Form 214 crediting him with 6 years and 4 months of net active service and 6 months of foreign service.

4.  He enlisted in the RA in pay grade E-4 on 20 May 1975, for 3 years.  He was honorably discharged from active duty on 21 December 1976 for the purpose of immediate reenlistment.  He was issued a DD Form 214 showing he entered on AD on 20 May 1975 and was discharged on 21 December 1976.  He was credited with completion of 1 year, 7 months, and 2 days of net service and 6 years, 4 months, and 9 days of prior active service.  

5.  He reenlisted in the RA on 22 December 1976 for 3 years.  He served in Germany from 1 July 1977 through 26 June 1980, a period of 2 years, 11 months, and 25 days.  He again served in Germany from 3 November 1981 through 24 October 1984, a period of 2 years, 11 months, and 21 days.  He served in Korea from 20 June 1989 through 15 June 1990, a period of 11 months and 26 days.

6.  He served continuously on active duty through several reenlistments until his honorable discharge, in pay grade E-8, on 31 March 1991, for length of service for retirement.  

7.  He was issued a DD Form 214 showing in Item 12a the date 22 December 1976.  Item 12c (Net Active Service This Period) shows he was credited with 14 years, 3 months, and 9 days of net active service.  Item 12d (Total Prior Active Service) shows he was credited with 8 years and 24 days of prior active service.  Item 12f shows he was credited with 6 years, 11 months, and 14 days of foreign service.  Item 12g shows zero credit.

8.  Item 18 (Remarks) of his DD Form 214 shows he reenlisted on 22 December 1976, 21 March 1980, 10 August 1981, and 12 May 1987.

9.  Army Regulation 635-5 (Separation Documents), then in effect, governs the preparation of the DD Form 214.  The regulation stated Item 12a would list the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued.  Items 12c, 12d, and 12e would list all the service, less lost time. 12f would list the total amount of foreign service completed during the period covered in Item 12e.  12g would list any sea service during the period covered in Item 12e.  Item 18 would list a list of enlistment period for which a DD Form 214 was not issued.  Example:  Immediate reenlistment this period:  then would list the dates. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the RA on 20 May 1975.  He was discharged from active duty on 21 December 1976 for the purpose of reenlistment and he was issued a DD Form 214.  

2.  He reenlisted in the RA on 22 December 1976 and served continuously until he was retired on 31 March 1991.  Item 12 of the DD Form 214 he was issued on 31 March 1991 correctly shows the first date of his last immediate reenlistment on 22 December 1976 in Items 12a and 18.  Based on the foregoing, he is not entitled to correction to Item 12a of this DD Form 214 to show the date 18 May 1975 or any other date.

3.  The evidence of record further shows he served in Germany for a total of 5 years, 11 months, and 16 days.  He served in Korea for a period of 11 months and 26 days.  Item 12g correctly shows his total amount of foreign service performed during the period covered by the DD Form 214.

4.  No evidence shows he served in Vietnam or performed any sea service during the period covered by the DD Form 214 from 1976 to 1991.  His periods of Vietnam and sea service occurred during his USMC service.  He was properly issued a DD Form 214 at the time of his discharge from the USMC crediting him with that service.  Therefore, he is not entitled to correction to Items 12f and 12g of his DD Form 214 for the period ending 31 March 1991 to show an additional credit of 12 months for his service in Vietnam and 6 months sea service.
5.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Prior to September 1979, a separate DD Form 214 was issued for each period of reenlistment.  His DD Forms 214 for the periods ending 21 December 1976 and 31 March 1991 correctly reflects his record of service and contains no errors.  

6.  It is noted, his USMC DD Form 214 only reflects he completed 6 months of foreign sea/service during that period of service.  He may contact the Board for Correction of Naval Records pertaining to any discrepancy in the total amount of his foreign service credit during his period of service in the USMC.

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)                                         AR20100020875





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ABCMR Record of Proceedings (cont)                                         AR20100020875



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