IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100023931


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 July 1972 to show in:

* Item 17c (Date of Entry) the entry March 1969 instead of 1 December 1969; and
* Item 30 (Remarks) with regard to his dates of service in Vietnam the entry September 1969 through 26 September 1970 instead of 1 December 1969 through 26 September 1970

2.  The applicant states he entered the Army in March 1969, but the subject
DD Form 214 reflects 1 December 1969.  It also shows service in Vietnam starting on 1 December 1969, but he actually arrived in Vietnam in September 1969.  These errors are impacting his benefits.

3.  The applicant provides an addendum and his DD Form 214.

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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for 6 years on 13 March 1969.  On 31 March 1969, he was discharged from the USAR DEP and he enlisted in the Regular Army (RA) on      1 April 1969 for 3 years.

3.  The applicant underwent Basic Combat Training (BCT) at Fort Bragg, NC from on or about 7 April 1969 to on or about 29 May 1969.  He was then transferred to Aberdeen Proving Ground, MD for Advanced Individual Training (AIT) in military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic) from on or about 1 June 1969 to on or about 30 August 1969.

4.  Following completion of AIT, the applicant was given leave en route to his first permanent duty assignment in Vietnam.  His records show he arrived in Vietnam on 30 September 1969.  His record of assignments included:

* In processing from 30 September - 8 October 1969
* Assignment to Headquarters and Headquarters Company (HHC),
2nd Battalion, 27th Infantry, 5th Infantry Division, as a mechanic, from
9 October - 10 December 1969
* Assignment to HHC, 34th Engineer Battalion, as a still photographer from 11 December 1969 - 26 September 1970

5.  While in Vietnam, he was discharged on 30 November 1969 for immediate reenlistment on 1 December 1969.  He reenlisted in the RA for 3 years at Cu Chi, Republic of Vietnam.

6.  The applicant departed Vietnam on 26 September 1970 en route to his next assignment at Fort Polk, LA.  He arrived at Fort Polk on or about 7 October 1970 and he served as a mechanic.  On or about 23 March 1971, the applicant departed Fort Polk en route to Germany.

7.  The applicant served in Germany from on or about 3 May 1971 to on or about 18 July 1972, at which time he was reassigned to Fort Dix, NJ for separation processing.  He was honorably released from active duty on 19 July 1972.

8.  The applicant has two DD Forms 214.  His DD Form 214 for the period 1 April 1969 through 30 November 1969 shows he served:

* 18 days of USAR service in the DEP
* 8 months of active service in the RA this period
* 2 months of service in USARV (U.S. Army Vietnam)

9.  The applicant's DD Form 214 for the period 1 December 1969 through 19 July 1972 shows he served:

* 8 months and 18 days of other service (USAR DEP and prior RA service)
* 2 years, 7 months, and 19 days of active service during the current period
* 2 years and 12 days of foreign service (Vietnam and Germany)
* in Vietnam from 1 December 1969 through 26 September 1970

10.  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 establishes standardized policy for preparing and distributing the DD Form 214.  Today, it provides the DD Form 214 is a summary of a Soldier's most recent period of continuous active service [emphasis added].  During the late 1960's, the regulation required a DD Form 214 be issued each time an RA Soldier was separated, to include being separated for the purpose of immediate reenlistment; although the service was continuous, a DD Form 214 was required and it ended the prior period of service and commenced the latest period of service.

DISCUSSION AND CONCLUSIONS:

1.  There are no errors concerning the dates of entry and the Vietnam service on the applicant's DD Forms 214.  During the time of his service, regulations required ending a period of service with a DD Form 214 and starting a new period of service.  The new service, when completed, would be memorialized with a separate DD Form 214.

2.  The applicant needs to present both of his DD Forms 214 to gain a complete picture of his benefits.

3.  Since Item 30 (Remarks) of the applicant's DD Form 214 for the period ending 30 November 1969 does not indicate his Vietnam service prior to his reenlistment, it would be appropriate to show the entry "RVN  30 SEP 69 - 
30 NOV 69."



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 entering in Item 30 of his DD Form 214 for the period ending 30 November 1969 the entry "RVN  30 SEP 69 - 30 NOV 69."

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 making any changes to Item 17c or Item 30 of his DD Form 214 for the period ending 19 July 1972.



      _______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)                                         AR20100023931



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ABCMR Record of Proceedings (cont)                                         AR20100023931



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