IN THE CASE OF:	  

		BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120009506


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 his combat service in the Republics of Korea and Vietnam.

2.  The applicant states his combat service in the Republics of Korea and Vietnam are not documented in his military records.

3.  The applicant provides no additional evidence in support of his request.

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 12 February 1953, the applicant enlisted in the Regular Army.  
3.  Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Armed Forces Far East command from 31 January 1955 to 11 January 1956.

4.  On 25 January 1956, he was honorably released from active duty at the completion of his required period of active service and transferred to the U.S. Army Reserve (USAR).  Item 26 (Foreign and/or Sea Service) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was credited with the completion of 11 months and 20 days of foreign service.

5.  He served in the USAR from 26 January 1956 through 20 December 1956.

6.  On 21 December 1956, he again enlisted in the Regular Army.  On               30 January 1958, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service is not available for review.

7.  On 31 January 1958, he reenlisted in the Regular Army.

8.  Item 31 of his DA Form 20 shows he served in Taiwan from 23 September 1958 to 30 October 1958, and in Germany from 17 September 1959 to              27 October 1962.

9.  On 31 October 1963, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 for this period shows he was credited with the completion of 3 years, 1 month, and 11 days of foreign service.

10.  On 1 November 1963, he reenlisted in the Regular Army.

11.  Item 31 of his DA Form 20 shows he served in the Republic of Vietnam from 16 September 1964 to 6 September 1965.

12.  On 4 August 1969, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 for this period shows he was credited with the completion of 5 years and 2 months of foreign service.

13.  On 5 August 1969, he reenlisted in the Regular Army.

14.  Item 31 of his DA Form 20 shows he served in Alaska from 20 December 1969 to 27 August 1971, in the Republic of Korea from 16 October 1971 to       15 November 1972, and again in Alaska from 13 November 1972 until his retirement in January 1974.

15.  On 31 January 1974, he was honorably retired from the Army, in the rank/grade of sergeant first class/E-7, after 20 years and 11 days of faithful active service.  His DD Form 214 (Report of Separation from Active Duty) for this period shows the following entries:

* Item 18(f) (Record of Service – Foreign and/or Sea Service This Period) shows he was credited with the completion of 3 years, 11 months, and   27 days of foreign service
* Item 19 (Indochina or Korea Service Since August 5, 1964) shows he served in Indochina or Korea from 16 September 1964 to 6 September 1965 (dates that coincide with his combat tour in the Republic of Vietnam)

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It is important that information entered on the form be complete and accurate.  Chapter 2 (of the regulation in effect at the time of his retirement) contained guidance on the preparation of the DD Form 214.  It stated:

   a. Item 19 is used to show service in Indochina or Korea since 5 August 1964.  Service in the Republic of Vietnam is shown by an "X" checkmark in the "yes" block, followed by the specific dates of service. 

   b. Item 27 (Remarks) is used to show entries authorized by Headquarters, Department of the Army (HQDA) for which a separate item is not available on the DD Form 214, and to complete entries to long for their respective blocks.  When completing a long entry, the item number being completed must precede the item 27 comment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show his combat service in the Republics of Korea and Vietnam.

2.  The evidence of record shows he served in the Republic of Vietnam from      16 September 1964 to 6 September 1965, and this service is appropriately reflected in item 19 of his last DD Form 214 (for the period ending 31 January 1974).  
3.  The evidence of record further shows he served in the Republic of Korea, from 16 October 1971 to 15 November 1972; however, this service is not reflected in items 19 or 27 of his last DD Form 214.  Although not required by the regulation, as an exception to policy and as a matter of clarity it would be appropriate to correct his DD Form 214 to show both periods of foreign service.  

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:

   a. amending item 19 of his DD Form 214, for the period ending 31 January 1974, to delete the entry "16 Sep 64 to 6 Sep 65," and add the entry "See Item 27";  
   b. amending item 27 of his DD Form 214, for the period ending 31 January 1974, to add the entries:

* "(item 19) Service in the Republic of Vietnam:  16 September 1964 through 6 September 1965"
* "(item 19) Service in the Republic of Korea:  16 October 1971 through      15 November 1972"




      _____________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)                                         AR20100017975



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120009506



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1