IN THE CASE OF:	  

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110013349 


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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Okinawa and his service in Vietnam while on temporary duty (TDY).

2.  The applicant states item 22c (Foreign and/or Sea Service) of his DD Form 214 for the period ending 12 November 1971 shows his foreign service as Vietnam, but it should show Okinawa.  Item 30 (Remarks) of this DD Form 214 shows he had no service in Vietnam, but it should show he served on TDY in Vietnam from Okinawa for 90 days from January to March 1971.

3.  As new evidence, the applicant provides a National Defense University National War College student strategic paper titled, "Recognizing War in the United States."  Additionally, four DA Forms 1 (Morning Report) were provided by the National Personnel Records Center as new evidence.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090004503 on 26 August 2009.

2.  As new evidence, the following DA Forms 1 for the U.S. Army Maintenance Operations Directorate show the following:

* DA Form 1, dated 23 January 1971, shows the applicant departed Okinawa on that date for TDY in Vietnam for 61 days
* DA Form 1, dated 22 March 1971, shows he returned to Okinawa on that date from 7 days of ordinary leave

3.  The applicant's records show he enlisted in the Regular Army (RA) on 12 January 1961 and he held military occupational specialties 630.00 (Automobile Maintenance Helper) and 35H (Calibration Specialist).  He subsequently reenlisted in the RA on 23 November 1962, 8 September 1965, and 21 January 1971.

4.  He served in Okinawa from 1 December 1970 to 23 September 1971 while assigned to the U.S. Army Maintenance Operations Directorate, 2nd Logistical Command.

5.  He was honorably discharged from active duty on 12 November 1971.  He completed a total of 10 years, 10 months, and 1 day of creditable active service.  Item 22c of the DD Form 214 he was issued for this period of service shows he was credited with 8 months and 3 days of total foreign service and contains the entry "Okinawa" to identify the last overseas theater in which he served this period.  Item 30 of this DD Form 214 contains the entry "Vietnam Service None."

6.  The applicant provided a copy of a DD Form 214, dated 12 November 1971, with his previous request that shows he was credited with 8 months and 3 days of total foreign service in Item 22c and contains the entry "Vietnam" to identify the country in which he served this period.  Item 30 contains the entry "Vietnam Service None."

7.  At the time the applicant submitted this DD Form 214, he stated he received the DD Form 214 when it was corrected in 1985, but the entry "Vietnam" was erroneously entered in item 22c and the entry "Vietnam Service None" continued to be shown in item 30.  This DD Form 214 contains the same name and signature of the authorizing officer as the initial DD Form 214 for this period of service that was in his records.  It appears a copy of this DD Form 214 was filed in his records as an attachment to a letter from the ABCMR, dated 8 December 2008, in response to his request to add his service in Vietnam to his DD Form 214.  In that request, he stated he had just learned the corrected copy of the DD Form 214 was "no good."

8.  The applicant's records contain no DD Form 215 (Correction to DD Form 214) to indicate his DD Form 214 was corrected.

9.  Army Regulation 635-5 (Separation Documents), dated 23 January 1967, specified that item 22c would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed, e.g., "Foreign and/or Sea Service (USAREUR [United States Army Europe]."  Item 30 would be used to complete entries too long for their respective blocks.

10.  Army Regulation 635-5 specifies that a DD Form 214 will not be reissued once issued.  In effect, if separated, the individual will be issued a DD Form 215.  However, when a DD Form 214 is administratively issued or reissued, that fact will be entered in the Remarks block unless the appellate authority, executive order, or Secretarial directive specifies otherwise.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam for 52 days from 23 January 1971, the date he departed Okinawa for TDY in Vietnam, to 15 March 1971, 7 days prior to his return to Okinawa from 7 days of ordinary leave.  Therefore, he is entitled to correction of item 30 of his DD Form 214 for the period ending 12 November 1971 to show this foreign service.

2.  It appears his DD Form 214 was incorrectly reissued in 1985 and erroneously changed item 22c of his DD Form 214 for the period ending 12 November 1971 to show the entry "Vietnam" vice "Okinawa."  Therefore, in the interest of clarity and to avoid further confusion, this DD Form 214 should be voided.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20090004503, dated 26 August 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the entry "Vietnam Service None" from item 30 of the applicant's DD Form 214 for the period ending 12 November 1971 that contains the entry "Okinawa" in item 22c and replacing it with "Vietnam Service – 23 January 1971 through 15 March 1971"
* voiding the version of the applicant's DD Form 214 for the period ending 12 November 1971 that contains the entry "Vietnam" in item 22c



      __________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)                                         AR20110013349



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ABCMR Record of Proceedings (cont)                                         AR20110013349



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