IN THE CASE OF:
BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110005883
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 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his total active service in block 22 (Statement of Service).
2. The applicant states block 22 of his DD Form 214 shows he only served 6 months and 22 days of active service which is less than that shown for his foreign and/or sea service. He deployed to Vietnam for over 1 year.
3. The applicant provides copies of his DD Form 214, DD Form 4 (Enlistment Record Armed Forces of the United States), and DA Form 20 (Enlisted Qualification Record).
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) on 4 January 1967 for a period of 6 years and assignment to the USAR Control Group (Delayed).
3. After serving in the USAR Control Group (Delayed) for 10 months and 8 days, he was ordered to active duty on 12 November 1967 for a period of 24 months. He completed basic training at Fort Knox, Kentucky, and advanced individual training as a field artillery operations and intelligence assistant at Fort Sill, Oklahoma, before being transferred to Vietnam on 15 May 1968. He was promoted to pay grade E-5 on 27 March 1969.
4. He departed Vietnam on 2 June 1969 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) under Secretarial Authority on 2 June 1969. Block 22a(1) (Net Service This Period) of his DD Form 214 issued at the time of his REFRAD reflects 6 months and 22 days; block 22a(2) (Other Service) reflects 0 years, 10 months, and 8 days; and block 22a(3) (Total) reflects 1 year, 5 months, and 0 days. Block 22b (Total Active Service) reflects 6 months and 22 days and block 22c (Foreign and/or Sea Service) reflects 1 year, 0 months, and 19 days.
5. A review of his records shows he served 1 year, 6 months, and 20 days of active service this period for a total of 2 years, 4 months, and 28 days of service.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that information obtained from official records will be used to prepare the DD Form 214 and the DD Form 214 will reflect information that is current as of the date the DD Form 214 is issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and were found to have merit. The applicant's DD Form 214 incorrectly reflects that he served 6 months and 22 days of active service during this period for a total of 1 year and 5 months of active service.
2. The applicant served 1 year, 6 months, and 21 days of active service and10 months and 8 days of other (inactive Reserve) service for a total of 2 years, 4 months, and 29 days. Accordingly, his DD Form 214 should be corrected to reflect this information.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending block 22 of his DD Form 214 to show:
* block 22a(1) "1 6 21"
* block 22a(3) "2 4 29"
* block 22b "1 6 21"
2. The Board wants the applicant and all others to know 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) AR20110005883
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110005883
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2001 | 2001060342C070421
The DD Form 214 item by item preparation instructions contained in the regulation in effect at the time of the applicant’s separation, in effect, indicated that the years, months, and days actually served on active duty would be entered in the net service this period and total active service blocks of the form. However, it does allow for an entry in the remarks block of the DD Form 214 when a member is separated under some special program that authorizes them to be credited with completing...
ARMY | BCMR | CY2011 | 20110000265
The applicant provides his DD Form 214. Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It further stated: a. item 22a(1) would show the total service between dates shown in items 10c or 17c and 11d of the DD Form 214, as represented by continual and foreign service, less time lost; b. item 22a(2) would show all prior service excluding any service shown in item 22a(1); c. item 22a(3) is...
ARMY | BCMR | CY2010 | 20100010719
The applicant states he served approximately 24 months in Vietnam from 29 March 1967 to 15 February 1969. The applicant contends that his DD Form 214 should be correctly annotated to show his Vietnam service. The applicant's records show, with 4 days' prior service, he enlisted in the RA for 3 years on 9 July 1966.
ARMY | BCMR | CY2008 | 20080012190
The applicant states, in effect, that item 17c, of his DD Form 214, has a strikeover and item 22a(1), 22a(3), and 22b show the incorrect years of service. Item 17c, of the applicant's DD Form 214, shows the entry "9 Sep 66" (9 September 1966), which is correct; however, as indicated by the applicant, does contain a "strikeover." Item 22a(1) will be completed by entering the total service completed in item 10c (Dated Inducted) or 17c (Date of Entry) and 11d (Effective Date) of the DD Form...
ARMY | BCMR | CY2004 | 2004106456C070208
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record confirms the total period of active military service covered by the DD Form 214 in question is 2 years, 10 months and 15 days. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2011 | 20110018768
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was inducted on 13 May 1965 and served continuously until he was released from active duty (REFRAD) on 31 January 1968 without a break in service. His records show no evidence that a DD Form 214 was issued at the time. However, the DD Form 214 issued at the time of his REFRAD shows he had served 8 months and 23 days of active service this...
ARMY | BCMR | CY2003 | 2003086512C070212
His DD Form 214 shows: in Item 22a(1) (Net Service), he was credited with 1 year, 11 months, and 22 days of active military service; in Item 22 a(3) (Total), he was credited with 1 year, 11 months, and 22 days of active military service; in Item 22b (Total Active Service), he was credited with 1 year, 11 months, and 22 days of active military service; in Item 22c (Foreign and Sea Service), he was credited with 4 months and 28 days of foreign service; and in Item 30 (Remarks), it was recorded...
ARMY | BCMR | CY2014 | 20140003792
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his tour of duty in Vietnam and that the following items are properly completed: * item 22a(1) (Net Service This Period) * item 22a(2) (Other Service) * item 22a(3) (Total) * item 22b (Total Active Service) * item 22c (Foreign and/or Sea Service) 2. As a result, the Board...
ARMY | BCMR | CY2008 | 20080010502
The evidence clearly shows that he completed 4 months and 10 days of total active service. However, the evidence clearly shows that he only completed 4 months and 10 days of active duty service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the entry, "0 4 10," in item 22a(1) (Net Service This Period), of his DD Form 214; and b. showing the entry "0 4 10," in item 22b (Total Active Service), of his DD Form 214.
ARMY | BCMR | CY2013 | 20130015025
The applicant requests, in effect, correction of item 17 (Current Active Service Other Than By Induction) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "Ordered To Active Duty" vice "Ordered To ACDUTRA [Active Duty For Training]." The regulation stated in: * Item 17 - check appropriate space to indicate means of entry on the current active service; for ACDUTRA personnel, check "other" and enter "Ordered To ACDUTRA" * Item 17b - for ACDUTRA...