IN THE CASE OF:	  

		BOARD DATE:  19 January 2012

		DOCKET NUMBER:  AR20110013351 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 3 years of foreign service.  

2.  He states he went to Vietnam from August 1966 to 1967, July 1968 to 1969, and May 1970 to 1971.  His DD Form 214 shows 2 years and 4 months of foreign service.  He served in Vietnam three times for a total of 3 years.

3.  He provides a page from his DA Form 20 (Enlisted Qualification Record) and orders discharging him from the Ready Reserve.

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.  On 6 April 1966, the applicant enlisted in the Regular Army (RA).  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman) and assigned to duty in Vietnam.

3.  On 23 November 1967, he was honorably discharged, and, on 24 November 1967, he reenlisted in the RA.  

4.  Item 22c (Foreign and/or Sea Service) of a DD Form 214 issued on 23 November 1967 shows 1 year of foreign service.  The DD Form 214 does not show he served in Vietnam.

5.  Item 31 of his DA Form 20 shows he was credited with service in:

* Vietnam from 16 September 1966 through 15 September 1967 (1 year), 17 July 1968 through 13 July 1969 (11 months and 27 days), and 2 April 1970 through 25 March 1971 (11 months and 24 days)
* Panama from 12 January through 9 June 1968 (4 months and 29 days)

6.  On 24 November 1971, he was honorably released from active duty after completing 5 years, 7 months, and 18 days of total active service.  

7.  Item 22c of the DD Form 214 issued on 24 November 1971 shows 2 years, 4 months, and 19 days of foreign service and shows he served with U.S. Army Vietnam (USARV).  Item 30 (Remarks) shows he served in USARV from 17 July 1968 through 13 July 1969 and from 2 April 1970 through 25 March 1971.  

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  It stated for item 22c, enter total active duty outside the continental limits of the United States for the period covered by the DD Form 214 (emphasis added) and the last oversea theater where service was performed.

9.  An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Indochina and Korea service on or after 5 August 1964 in the "Remarks" section of the form by entering inclusive dates of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea.  To show Vietnam service only, e.g., enter "Vietnam -- 25 Apr 71 thru 28 May 71, Indochina -- Yes, Korea -- No."




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was issued two DD Forms 214.  The first, dated 23 November 1967, shows in item 22c he completed 1 year of foreign service during the period covered by the form.  Item 22c does not show the oversea theater in which the service was performed as required by the regulation in effect at the time.  His record shows he served in Vietnam for 1 year during the period covered by this DD Form 214.  Therefore, it would be appropriate to correct item 22c by adding "USARV."  

2.  A later revision of the regulation governing preparation of the DD Form 214 provided for recording Vietnam service in the "Remarks" section of the form.  While this was not a required entry when he was discharged in 1967, there would be no harm in adding such an entry to item 30 (Remarks) of his DD Form 214 for the period ending 23 November 1967.

3.  The record shows the sum of the foreign service the applicant completed during his service from 24 November 1967 to 24 November 1971 is as follows:

			0 years	11 months	27 days (Vietnam)
			0 years	11 months	24 days (Vietnam)
		   + 0 years	  4 months	29 days (Panama)
			2 years 	  4 months	20 days

Based on this calculation, he is entitled to correction of item 22c of the DD Form 214 covering the period ending 24 November 1971 to show 2 years, 4 months, and 20 days of foreign service.

4.  There is no basis for correcting his final DD Form 214 to show he completed 3 years of foreign service.  The applicant is advised that he must present both of his DD Forms 214 and any associated DD Forms 215 (Correction to DD Form 214) when he is required to provide documentation of his RA service. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X __  ___X____  ___X   __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  making the following additions to his DD Form 214 for the period ending 23 November 1967:

* add "USARV" to item 22c 
* add the entry "Vietnam -- 16 September 66 thru 15 September 67, Indochina -- Yes, Korea -- No" to item 30 

	b.  making the following deletion from and addition to his DD Form 214 for the period ending 24 November 1971:

* delete the entries for years, months, and days in item 22c
* add 2 years, 4 months, and 20 days to item 22c 

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 for the period ending 24 November 1971 to show 3 years of foreign service.  



      _______ _   _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)                                         AR20110013351





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ABCMR Record of Proceedings (cont)                                         AR20110013351



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