IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110013066 


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 (Report of Separation from Active Duty) for the period ending 13 June 1978 to show the correct periods of foreign service in Vietnam and Korea.

2.  The applicant states his DD Form 214 shows he was in Vietnam and Korea at the same time. 

3.  The applicant provides his DD Form 214 for the period ending 13 June 1978.

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 initially inducted in the Army of the United States (AUS) on 29 August 1967 and he held military occupational specialty 95B (Military Police). He served in Korea from 1 January 1968 to 6 May 1969. 

3.  He was honorably released from active duty on 27 May 1969 and transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for this period of service shows he completed 1 year, 
3 months, and 17 days of foreign service in the U.S. Army Pacific (USARPAC).

4.  He enlisted in the Regular Army (RA) on 3 February 1970.  He served in:

* Japan, from 1 February to 1 August 1970
* Vietnam, from 17 August 1970 to 16 March 1972  

5.  He was honorably released from active duty on 18 March 1972 and transferred to the USAR to complete his remaining service obligation.  The 
DD Form 214 he was issued for this period of service shows he completed
2 years, 1 month, and 11 days of foreign service in USARPAC.  It also shows a separate entry for his service in Vietnam from 17 August 1970 to 16 March 1972.

6.  He had a short break in service and he enlisted in the RA on 15 June 1972.  He served in:

* Vietnam, from 5 July 1972 to 9 March 1973
* Korea, from 9 May 1974 to 7 November 1976
* Korea, from 1 August 1978 to 17 July 1979

7.  On 13 June 1978, while in Korea the second time, he was honorably discharged from active duty for the purpose of immediate reenlistment.  His 
DD Form 214 for this period of service shows he completed 3 year, 1 month, and 2 days of foreign service.  It also shows in item 27 (Remarks) the entries:

* Vietnam 700817 - 720316 and 720705 - 730309
* Korea "6801" - 690506 and 720705 - 730309 

8.  On 14 June 1978, he reenlisted in the RA and served in Germany and Korea. He was ultimately retired on 31 October 1988 and place on the retired list in his retired rank of sergeant first class on 1 November 1988.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version of Army Regulation 635-5 in effect on 1 February 1967) required an entry in item 22c or 18f of the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed.  The version in effect on 23 May 1972 required an entry in item 22c of the total active duty outside continental limits of the United States for the period covered by the DD Form 214.  The version in effect on 20 August 1973 required an entry of the foreign service in item 18.  Additionally, item 27 shows selected authorized entries.  One of these entries pertains to foreign service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted into the AUS on 29 August 1967 and served in Korea from 1 January 1968 to 6 May 1969.  He was released from active duty on 27 November 1969 and issued a DD Form 214 that captured his foreign service during this period in the appropriate block.

2.  He enlisted in the RA on 3 February 1970 and subsequently served in Japan, from 1 February 1970 to 1 August 1970 and Vietnam, from 17 August 1970 to 16 March 1972.  He was released from active duty and he was issued a 
DD Form 214 that captured his foreign service during this period in the appropriate block.

3.  He enlisted in the RA on 15 June 1972.  During this period of enlistment, he served in Vietnam, from 5 July 1972 to 9 March 1973 (8 months and 5 days) and Korea, from 9 May 1974 to 7 November 1976 (2 years, 5 months, and 
28 days).  He completed a total of 3 years, 1 month, and 2 days of foreign service which is correctly listed in item 18 of his DD Form 214 for this period.  The applicant is correct in that this DD Form 214 contains errors and should be corrected.  

	a.  The DD Form 214 in effect at the time required an entry for the total active duty outside continental limits of the United States for the period covered by the DD Form 214.  This DD Form 214 covered the period of service from 15 June 1972 to 13 June 1978.

	b.  It shows he served in Vietnam from 700817 - 720316 and again from 720705 - 730309.  The first period of foreign service (700817 to 720316) was not performed during the period covered by the DD Form 214 and should be deleted. 

	c.  It also shows he served in Korea from "6801" - 690506 and again from 720705 - 730309.  The first period of foreign service (6801 - 690506) was not performed during the period covered by the DD Form 214 and should be deleted.

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:

* deleting from item 27 of his DD Form 214 for the period ending 13 June 1978 the entries "Vietnam 700817 - 720316 and 720705 - 730309" and "Korea 6801 - 690506 and 720705 - 7303"
* adding to item 27 of his DD Form 214 for the period ending 13 June 1978 the entries "Vietnam 720705 - 730309" and "Korea 740509 - 761107"



      _______ _  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)                                         AR20110013066



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ABCMR Record of Proceedings (cont)                                         AR20110013066



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