IN THE CASE OF:	  

		BOARD DATE:	  21 June 2012

		DOCKET NUMBER:  AR20110024292 


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 (Certificate of Release or Discharge from Active Duty), ending on 20 June 1987, to show his entry date as 4 June 1963.  He also requests that his Vietnam service be added to his 
DD Form 214.

2.  The applicant states, in effect, his DD Form 214 does not show his correct entry date or his Vietnam service.  He needs his military service properly documented so he can receive benefits from the State of Georgia.

3.  The applicant provides his DD Form 214 for the period ending 20 June 1987.

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 into the Army of the United States on 5 June 1963 and held military occupational specialty 112.10 (Infantryman).  He served in a variety of stateside or overseas assignments.  The highest rank/grade he achieved while serving on active duty was sergeant first class (SFC)/E-7.

3.  His record contains a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) which shows he was honorably released from active duty on 4 June 1965.  His DD Form 214 shows he completed 2 years of net active service, 1 year and 14 months of which was credited as foreign service in Korea.

4.  His record contains several DD Forms 4 (Enlistment Record-Armed Forces of the United States), one shows he enlisted in the Regular Army for a period of 
5 years on 8 June 1965.  

5.  Subsequent to his enlistment on 8 June 1965, his record contains several consecutive DD Forms 4 and DA Form 1695 (Oath of Extension of Enlistment).  These forms show he:

* Extended on 1 March 1968 for 11 months
* Reenlisted on 1 April 1971 for 6 years
* Reenlisted on 30 March 1977 for 6 years
* Reenlisted on 8 February 1983 for 3 years
* Extended on 7 February 1986 for 16 months
* Extended on 7 May 1987 for 23 days

6.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows:

* Vietnam 17 March 1967 - 16 March 1968
* Germany 28 May 1968 - 1 June 1971
* Korea 20 January 1976 - 23 November 1976

7.  His records contain a DA Form 2339 (Application for Voluntary Retirement), dated 9 February 1987.  His service computation shows his total active service creditable for retirement as 24 years and 23 days.

8.  He was honorably retired on 30 June 1987.  His DD Form 214 shows in:

* Item 12a (Date entered Active Duty this Period) - 30 March 1977
* Item 12c (Net Active Service this Period) - 10 years, 3 months, and 1 day
* Item 12d (Total Prior Active Service) - 13 years, 9 months, and 22 days
* Item 12f (Foreign Service) - 00 years, 00 months, and 00 days
* Item 18 (Remarks) - "Immediate reenlistment this period:  30 March 1977- 7 February 1983 and 8 February 1983-30 June 1987"

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Until the policy was changed in October 1979, DD Forms 214 were prepared upon discharge for immediate reenlistment.

10.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states that if no DD Form 214 is available a statement of service or transcript of military record will be issued.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted into the Army of the United States on 5 June 1963 and was honorably released from active duty on 4 June 1965.  He completed 
2 years of creditable active service and he was issued a DD Form 214 that captured this period of active service and it is available for review.

2.  He enlisted in the RA on 8 June 1965 and extended his enlistment on 1 March 1968 for 11 months.  It appears that he was discharged for the purpose of immediate reenlistment on 31 March 1971 because he reenlisted on 1 April 1971 for 6 years.  The DD Form 214 for the period of service from 8 June 1965-31 May 1971 is not available for review with this case.  Therefore, he should be issued an appropriate document to capture this period of active service.

3.  It appears that he was discharged for the purpose of immediate reenlistment on 29 March 1977 because he reenlisted on 30 March 1977.  The DD Form 214 for the period of active duty from 1 April 1971-29 March 1977 is not available for review with this case.  Therefore, he should also be issued an appropriate document to capture this period of active service.

4.  He was honorably retired from active duty on 30 June 1987.  He completed 
10 years, 3 months, and 1 day of creditable active service during the period of service from 30 March 1977-30 June 1987 and the DD Form 214 is available for review.

	a.  Item 12a correctly reflects the entry "30 March 1977" which is the date he entered active duty for that period and item 12b correctly reflects the entry 
"30 June 1987," the date he was retired from active duty.

	b.  Item 12c correctly reflects his total active service from the date he reenlisted to the date he was retired from active duty as 10 years, 3 months, and 1 day, and item 12d correctly shows his prior active service as 13 years, 
9 months, and 22 days.

	c.  When combining the applicant's net active service this period in item 12c to his total prior active service in item 12d it equals 24 years, and 23 days of total creditable active service, which matches the service computation data on his DA Form 2339.

	d.  He did not have any foreign service during the period covered by this 
DD Form 214.  His period of service in Vietnam, Germany, and Korea were not completed during the period covered by this DD Form 214.

5.  With regard to adding his Vietnam service to his DD Form 214 for the period ending 20 June 1987:  The available evidence shows he served in Vietnam from 17 March 1967 to 16 March 1968.  His Vietnam service occurred during his enlistment covering the period between 8 June 1965 and 31 March 1971.  He would have been issued a DD Form 214 for this period of service which would have documented his Vietnam service.  Therefore, he is not entitled to have his Vietnam service documented on a DD Form 214 other than the DD Form 214 he was issued on 31 March 1971.

6.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced.  The DD Form 214 that was issued on 20 June 1987 correctly reflects his record of service, foreign service, and contains no errors.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  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 issuing the applicant an appropriate document to show his active service from:

* 8 June 1965 to 31 March 1971, this document should also list his Vietnam service from 17 March 1967 to 16 March 1968
* April 1971-29 March 1977 

2.  The Board further determined that the evidence presented is 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 the applicant's retirement DD Form 214 to show a date of entry of 4 June 1963 and adding his Vietnam service to his DD Form 214 ending on 30 June 1987.




      _______ _   _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)                                         AR20110024292



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ABCMR Record of Proceedings (cont)                                         AR20110024292



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