BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100022736 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served on active duty from 1968 to 31 August 1988 and he served in Vietnam from 1970 to 1971.  

2.  He states his DD Form 214 does not show he entered active service in 1968 or that he served in Vietnam.  His DD Form 214 only shows he served from
30 July 1975 to 31 August 1988.

3.  He provides his DD Form 214 and a self-authored statement.  

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.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) contained in his record shows he enlisted in the Regular Army on 9 August 1968 for a period of 3 years.  His DA Form 2-1 (Personnel Qualification Record) shows he was assigned to Fort Jackson, SC on 19 August 1968 for basic combat training.  He was reassigned to Fort Leonard Wood, MO in October 1968 for advanced individual training (AIT).  After completion of AIT, he served in Thailand from 10 January 1969 to 2 January 1970.

3.  He was honorably discharged on 30 June 1970 for the purpose of immediate reenlistment.  His service record does not contain a DD Form 214 which covers his period of service from 9 August 1968 through 30 June 1970.

4.  A subsequent DD Form 4 shows he reenlisted on 1 July 1970 for a period of
6 years.  He served in Vietnam from 6 August 1970 to 5 August 1971.  He was honorably discharged on 29 July 1975 for the purpose of immediate reenlistment.  His service record does not include a DD Form 214 which covers his period of service from 1 July 1970 through 29 July 1975.

5.  A DD Form 4 shows he reenlisted on 30 July 1975 for a period of 6 years.  He served in Korea from 27January 1976 to 24 February 1977.  He was honorably discharged on 24 June 1981 for the purpose of immediate reenlistment.

6.  A DD Form 4 shows he reenlisted on 25 June 1981 for a period of 6 years.  He served in Germany from 15 December 1982 to 16 December 1984.  He continued to serve until he retired from active duty on 31 August 1988 by reason of length of service.

7.  He was issued a DD Form 214 which shows he entered active duty on 30 July 1975 and that he was discharged on 31 August 1988 after completing 13 years, 1 month, and 1 day net active service this period.  Item 12d (Total Prior Active Service) on this DD Form 214 shows he completed 6 years, 11 months, and
21 days total prior active service.

8.  His service record contains a Statement of Service authenticated by The Adjutant General, Department of the Army, Washington, DC, dated 7 April 1992, which shows his periods of service from 9 August 1968 through 31 August 1988 and placement on the Retired List on 1 September 1988 in the rank/grade of staff sergeant (SSG)/E-6.

9.  He provided a self-authored statement in which he gave a summary of his military history.  He stated he entered active service on 9 August 1968 and completed:


	a.  continental United States (CONUS) service for:

* 13 months at Fort Jackson, SC
* 1 year at Fort Devens, MA in 1971 

	b.  Outside CONUS service for:

* 1 year in Thailand with the 533rd Combat Engineer Battalion in 1969
* 13 months in Vietnam with Company D, 864th Engineer Battalion
* 5 years at the Presidio of San Francisco, CA from 1972 to 1977
* 13 months in Korea with Company C, 802nd Engineer Battalion 

	c.  Training at:

* Fort Leonard Wood, MO in military occupational specialty for basic plumbing
* Monterey, CA in jungle warfare for service in Vietnam
   
10.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The version in effect at the time stated that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued.  It also stated that effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued.  Prior to 1 October 1979, a DD Form 214 was prepared when a Soldier was discharged for the purpose of immediate reenlistment.

11.  Army Regulation 635-5, paragraph 2-5 (Issuance or reissuance of DD Form 214) states do not reissue a DD Form 214 to replace record copies or DD Forms 214 lost by service members.  If no DD Form 214 is available, issue a statement of service or transcript of military record.

12.  Army Regulation 635-5, table 2-1, provides instructions for the preparation of the DD Form 214.  It states for:

* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period)
* item 18 (Remarks), use this  section for entries required by HQDA for which a separate item is not available on the form and for completing entries that are too long for their blocks.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the entry date is incorrect on his DD Form 214 is acknowledged.  However, the evidence of record does not confirm his entry date is in error.

2.  The evidence of record shows he enlisted in the Regular Army on 9 August 1968 and he was discharged on 30 June 1970 for immediate reenlistment.  He reenlisted on 1 July 1970 and he was discharged on 29 July 1975 for immediate reenlistment.  In accordance with the regulation in effect at the time, he should have been issued a DD Form 214 for each of these periods of service; however, there is no DD Form 214 of record for either of these periods of service.

3.  He reenlisted on 30 July 1975 and he continued to serve until he retired on 31 August 1988.  He was issued a DD Form 214 for this period of active service, which reflects he completed 13 years, 1 month, and 1 day of net active service for this period and 6 years, 11 months, and 21 days of total prior active service.

4.  Although there is no evidence of record which shows he was issued a DD Form 214 for his period of active service from 9 August 1968 to 30 June 1970 and from 1 July 1970 to 29 July 1975 he should have been issued one for each period of service.  However, his service record contains a Statement of Service which covers these periods of service.  This document is sufficient evidence to show he served on active duty during these periods.  A copy of the Statement of Service contained in his personnel record will be provided along with these Proceeding.

5.  The evidence of record shows he served in Vietnam from 6 August 1970 to 5 August 1971.  Although this occurred prior to the period covered by his DD Form 214 for the period ending 31 August 1988, as an exception to policy, it would be appropriate to amend item 18 (Remarks) of his DD Form 214 to show this foreign 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 adding to item 18 of his DD Form 214 for the period ending 31 August 1988 the entry "Service in Vietnam from 6 August 1970 through 5 August 1971."

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 correction of his DD Form 214 for the period ending 31 August 1988 to show he entered active duty this period on         9 August 1968.



      __________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)                                         AR20100022736



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ABCMR Record of Proceedings (cont)                                         AR20100022736



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