BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110012580
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 17 May 1969 DD Form 214 (Report of Transfer or Discharge) be corrected to show he entered the Regular Army on 29 June 1966 and that the periods of service be corrected.
2. The applicant states he served tours in Germany and Vietnam and the calculations are incorrect.
3. The applicant provides no supporting documents.
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 applicants 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 applicants 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 on 23 June 1966 and was discharged from the Army of the United States (AUS) on 28 June 1966. He had served 6 days on active duty during this period and was issued a DD Form 214.
3. The applicant enlisted in the Regular Army (RA) on 29 June 1966. He completed basic combat training and advanced individual training as an automotive repairer.
4. His DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments), shows:
* U.S. Army Europe (Germany) 7 August 1967 through 11 March 1968 [10 months and 26 days]
* U.S. Army Pacific (Vietnam) 24 May 1968 through 16 May 1969 [11 months and 23 days]
5. Item 44 (Time Lost) of the DA Form 20 shows 26 days.
6. He was separated early, on 17 May 1969, as an overseas returnee and transferred to the U.S. Army Reserve. This DD Form 214 states in item:
a. 17c (Date of Entry) 23 June 1967;
b. 22a(1) (Net Service this Period) 2 years, 10 months, and 18 days;
c. 22a(2) (Other Service) 6 days;
d. 22a(3) (Total) 2 years, 10 months, and 5 days;
e.Item 22b (Total Active Service 2 years, 10 months, and 5 days; and
f. Item 22c (Foreign and/or Sea Service) USARPAC 2 years, 9 months, and 13 days
7. Army Regulation 635-5 (Separation Documents) provides the guidance for completion of the DD Form 214. At that time, supplemental instructions provided for identifying the place of the last tour of Foreign and/or Sea Service as well as the total of time in that category.
DISCUSSION AND CONCLUSIONS:
1. The applicant was inducted and spent 6 days in the AUS before he was discharged on 28 June 1966 to enlist in the RA the next day.
2. He enlisted in the RA on 29 June 1966 (his DD Form 214 erroneously states "23 June 1967") and was separated on 17 May 1969, a period of 2 years, 10 months, and 19 days. Subtracting the 26 days time lost yields 2 years, 9 months, and 23 days.
3. His other service of 6 days is correct, but when added to the above stated net service it provides a total of 2 years, 9 months, and 29 days.
4. His 10 months and 26 days in Germany added to his 11 months and 23 days in Vietnam equals 1 year, 10 months, and 19 days of foreign service.
5. The applicants 17 May 1969 DD Form 214 should be changed to reflect the above dates and periods of service.
BOARD VOTE:
___X_____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 correcting his 17 May 1969 DD Form 214 to read:
a. Date of Entry 29 June 1966;
b. Net Service this Period 2 years, 9 months, and 23 days;
c. Total [Service] 2 years, 9 months, and 29 days;
d. Total Active Service 2 years, 9 months, and 29 days; and
e. Foreign and/or Sea Service USARPAC 1 year, 10 months and 19 days.
__________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) AR20110012580
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ABCMR Record of Proceedings (cont) AR20110012580
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