IN THE CASE OF:	  

		BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120017794 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his dates of service in Vietnam.

2.  He states this DD Form 214 does not show he served in Vietnam (July 1967 to July 1968) and the correction is needed to process benefits for cancer.

3.  He provides:

* Republic of Vietnam Certificate of Service
* DD Form 214 for the period ending 31 August 1988

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 enlisted in the Regular Army (RA) on 12 July 1966 for 3 years.  He completed training and was awarded military occupational specialty 63H (Power Train Repairman).

3.  He served in Vietnam from 15 July 1967 through 15 July 1968.

4.  He provides a copy of a Republic of Vietnam Certificate of Service which certified he served in Vietnam from July 1967 to July 1968.

5.  He was honorably released from active duty in pay grade E-3 on 11 July 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He was credited with completing 3 years of net active service and no time lost.  

6.  His was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) crediting him with 1 year and 5 months of foreign service in Vietnam in Item 22c (Foreign and/or Sea Service).

7.  He was honorably discharged from the USAR on 12 August 1971.  He again enlisted the RA on 13 August 1971.  He served continuously on active duty through several reenlistments.  He served in:

* Korea from 30 January 1972 through 1 March 1973
* Germany from 26 May 1976 through 31 May 1979 and from 30 July 1982 through 29 July 1984

8.  He was honorably retired on 31 August 1988.  He was issued a DD Form 214 crediting him with 5 years and 5 days of foreign service during this period.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation established standardized policy for the preparation of the DD Form 214.  At the time of the applicant's separation in 1969, the instructions stated:

* Item 22c would list the total active duty outside 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, i.e., USARPAC (U.S. Army Pacific) or Vietnam
* Item 30 would list the inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea; the entry would state for Vietnam service only, "Vietnam – the dates, Indochina-Yes, Korea-no"

10.  Army Regulation 635-5 in effect at the time of the applicant's separation in 1988 stated Item 12f (Foreign Service) would list the total active duty outside continental limits of the United States for the period covered by the DD Form 214.  There were no provisions for listing dates of foreign service completed during a period covered by another DD Form 214

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from 15 July 1967 through 15 July 1968.  He was released from active duty on 11 July 1969.  In accordance with the regulation in effect at the time he was issued a DD Form 214 properly annotating his period of service in Vietnam in Item 22c.  Based on the regulatory guidance, Item 30c would list the inclusive dates of service in Vietnam.  Therefore, he is entitled to correction of Item 30 on this DD Form 214 to show the entry "Vietnam Service:  15 July 1967-15 July 1968."

2.  He again enlisted in the RA and served in Korea and Germany.  He was honorably retired on 31 August 1988.  In accordance with regulations, he was issued a DD Form 214 properly annotating his foreign service completed during this period of service in Item 12f.  

3.  Based on the foregoing, he is not entitled to correction to his 1988 DD Form 214 to show his dates of service in Vietnam.  This period of service was performed prior to the service covered by the 1988 DD Form 214.  Therefore, he is not entitled to correction to his 1988 DD Form 214 to show his dates of service for Vietnam.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding to Item 30 on the applicant's DD Form 214 for the period ending 11 July 1969 the entry, "Vietnam Service - 15 July 1967 through 15 July 1968, Indochina-Yes, Korea-No."

2.  The Board further determined 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 correction to his DD Form 214 for the period ending 31 August 1988 to show his dates of service in Vietnam.



      ____________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)                                         AR20120017794



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ABCMR Record of Proceedings (cont)                                         AR20120017794


   
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