IN THE CASE OF:	  

		BOARD DATE:	  8 May 2012

		DOCKET NUMBER:  AR20110022316 


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 records to show he completed two tours in Vietnam.

2.  The applicant states he served in Vietnam from 1966 to 1967 and again from 1970 to 1971. 

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge4) for the period ending 30 September 1972
* DD Form 214 (Report of Separation from the U.S. Armed Forces of the United States) for the period ending 14 December 1953
* Various medical documents and reports

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 initially enlisted in the Regular Army on 15 December 1953.  He served through multiple reenlistments in a variety of stateside and/or overseas assignments.  He retired on 30 September 1972 and he was placed on the retired list in his retired rank/grade of staff sergeant (SSG)/E-6 on 1 October 1972.

3.  He completed the following periods of foreign service:

* Army Forces in the Far East (including Korea), 28 May 1952 to 8 November 1953
* Germany, 28 May 1959 to 21 January 1963
* Vietnam, on or about 11 July 1966 to 16 August 1967
* Vietnam, 1 October 1970 to 30 September 1971

4.  He was issued various separation documents as follows:

	a.  DD Form 214 for the period 15 March 1951 through 14 December 1953 which shows in item 26 (Foreign and/or Sea Service) completion of 1 year, 5 months, and 10 days of foreign service.

	b.  DD Form 214 for the period 15 December 1956 through 14 December 1962 which shows in item 24c (Foreign and/or Sea Service) completion of
3 years, 6 months, and 17 days of foreign service.

	c.  DD Form 214 for the period 15 December 1962 through 14 December 1968 which shows in item 22c (Foreign and/or Sea Service) completion of 1 year and 28 days of foreign service in Europe and the Pacific.

	d.  DD Form 214 for the period 15 December 1968 through 30 September 1972 which shows in item 22c completion of 1 year of foreign service and in item 30 (Remarks) the entry "Vietnam - Yes 1 October 1970 to 30 September 1971."

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of military service.  Chapter 2 contained guidance on the preparation of the 

DD Form 214 and stated that item 26, 24c, or 22c (depending on the year issued) would show the total period of active service outside of 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, e.g., USAREUR [U.S. Army Europe], USARPAC, etc.  Furthermore, the "Remarks" block was/is used for Department of the Army mandatory requirements when a separate block was required for a continuation entry.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed 1 year and 28 days of foreign service in Vietnam from on or about 11 July 1966 to 16 August 1967:

	a.  His contemporaneous DD Form 214 that covered the period of service 15 December 1962 to 14 December 1968 credited him with 1 year and 28 days of foreign service in item 22c.  

	b.  The regulation in effect at the time mandated an entry of the last overseas theater in which the Soldier served - USARPAC in the applicant's case.  It is unclear why Europe is listed as part of his foreign service during this period.  

	c.  As required by the governing regulation, the applicant is entitled to correction of this DD Form 214 to show the correct last overseas command.  Additionally, there is no harm to the Army or the Soldier if his foreign service in Vietnam from 11 July 1966 to 16 August 1967 is shown in item 30 of his DD Form 214 for this period.

2.  The applicant served again in Vietnam from 1 October 1970 to 30 September 1971. 

	a.  His contemporaneous DD Form 214 that covered the period of service 15 December 1969 to 30 September 1972 credited him with 1 year of foreign service in item 22c.  

	b.  Again, the regulation in effect at the time mandated an entry of the last overseas theater in which the Soldier served - USARPAC in the applicant's case. It is unclear why the last overseas command is omitted as part of his foreign service during this period.  

	c.  As required by the governing regulation, the applicant is entitled to correction of this DD Form 214 to show the last overseas command.  

3.  Although he is entitled to administrative corrections of two of his DD Forms 214, there is no provision to consolidate those forms.

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 22c of his DD Form 214 ending on 14 December 1968 the entry "EUR & PAC" and adding the entry "USARPAC"
* Adding to item 30 of his DD Form 214 for the period ending 14 December 1968 the entry "Service in Vietnam from 11 July 1966 to 16 August 1967"
* Adding to item 22c of his DD Form 214 for the period ending
30 September 1972 the entry "USARPAC"



      ___________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)                                         AR20110022316



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ABCMR Record of Proceedings (cont)                                         AR20110022316



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