Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110012580
Original file (20110012580.txt) Auto-classification: Approved

		

		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 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 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 applicant’s 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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110012580



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100010719

    Original file (20100010719.txt) Auto-classification: Approved

    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 | CY2009 | 20090011067

    Original file (20090011067.txt) Auto-classification: Approved

    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 12 January 1973 to show his service in the Republic of Vietnam. Item 11d (Effective Date) shows the entry "26 Aug 69"; c. Item 22 (Statement of Service) shows the following entries: (1) Item 22a(1) (Net Service This Period) shows "3 1 0"; (2) Item 22a(2) (Other Service) shows "0 6 15"; (3) Item 22a(3) (Total) shows "3 7 15"; (4) Item 22b...

  • ARMY | BCMR | CY2014 | 20140003792

    Original file (20140003792.txt) Auto-classification: Approved

    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 | CY2009 | 20090003957

    Original file (20090003957.txt) Auto-classification: Approved

    The applicant provides, in support of his application, his DA Form 20 (Enlisted Qualification Record), reviewed on 2 June 1970 and audited 30 October 1973; Headquarters, U.S. Army Support Element, Military Region 1 (Vietnam), General Orders Number 148, dated 4 July 1972; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 26 October 1969; and DD Form 214 (Report of Separation from Active Duty) with an effective date of 17 May 1974. The...

  • ARMY | BCMR | CY2010 | 20100007687

    Original file (20100007687.txt) Auto-classification: Approved

    The applicant requests: a. correction of the place of entry into the current period of active service shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 5 December 1969 and b. correction of the date of entry shown on his DD Form 214 (Report of Separation from Active Duty) effective 5 December 1983. The DD Form 214 issued to the applicant at the time of his retirement on 5 December 1983 shows the date 8 March 1979 in item 12a (Date Entered...

  • ARMY | BCMR | CY2008 | 20080008082

    Original file (20080008082.txt) Auto-classification: Approved

    Army Regulation 635-5, in effect at the time the applicant retired from active duty, in pertinent part, stated that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF). ...

  • ARMY | BCMR | CY2008 | 20080018148

    Original file (20080018148.txt) Auto-classification: Approved

    The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 20 June 1966 for 4 years. Therefore, as a matter of equity, his DD Form 214, dated 25 November 1969, item 22c, should be corrected to show a credit of 2 years, 4 months, and 26 days foreign service and USARPAC/Korea should be entered to correctly show the last theater and country in which the applicant served. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2010 | 20100023038

    Original file (20100023038.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct period of foreign service and award of the Army Good Conduct Medal. The applicant provides his DD Form 214. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.

  • ARMY | BCMR | CY2015 | 20150001880

    Original file (20150001880.txt) Auto-classification: Denied

    The version in effect in October 1964 states: (1) Item 24a(1) (Net Service This Period), enter the total service completed between the dates shown in item 19c (Date of Entry) and item 11d (Effective Date of the DD Form 214). The version in effect in October 1970 states: (1) Item 22a(1) (Net Service This Period) requires the entry of the total service completed between the date of entry and the effective date of the DD Form 214. The applicant requests his DD Form 214 for the period ending...

  • ARMY | BCMR | CY2010 | 20100024991

    Original file (20100024991.txt) Auto-classification: Approved

    In addition, he requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by showing: * his date of birth as 4 November 1949 * his entry date on active duty as 7 July 1969 * his service in the Republic of Vietnam (RVN) * any and all military awards to which he is entitled 2. Therefore, Item 24 of his DD Form 214 should be corrected to show this unit award. As a result, the Board recommends denial of so much of the application that pertains...