IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130004213
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 September 1971, be corrected to reflect his foreign service in Vietnam.
2. The applicant states that his DD Form 214 does not reflect his foreign service in Vietnam.
3. The applicant provides a copy of his DD Form 214, dated 23 September 1971.
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 on 18 January 1968 for a period of 3 years and training as a military policeman. He completed basic training at Fort Polk, Louisiana and advanced individual training at Fort Gordon, Georgia and he was transferred to Fort Wolters, Texas for his first duty assignment.
3. On 6 October 1968, he was transferred to Vietnam for assignment to the 9th Military Police Company. He was promoted to the rank of sergeant on 1 May 1969 and he departed Vietnam on 28 September 1969 for assignment to Fort Hood, Texas.
4. On 30 March 1970, he was honorably discharged for the purpose of immediate reenlistment and he should have been issued a DD Form 214 covering the period from 18 January 1968 to 30 March 1970. However, a copy of that DD Form 214 is not present in the available records.
5. On 31 March 1970, he reenlisted for a period of 6 years.
6. On 23 September 1971, he was honorably discharged under the provisions of Army Regulation 635-200 as a conscientious objector. The DD Form 214 issued at the time of discharge reflects no foreign service.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time provided that a DD Form 214 would be issued for individuals who were discharged for immediate reenlistment. That regulation also provides that only foreign service performed during the period covered by the DD Form 214 would be entered on that form. Effective 1 October 1979 the regulation was changed to eliminate the issuance of a DD Form 214 for immediate reenlistments. A break in service in excess of 24 hours required that a DD Form 214 be issued from that point and continues to present day. A DD Form 214 may not be issued to cover a period of service already documented by a previously-issued DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 dated 23 September 1971 should be corrected to reflect his service in Vietnam has been noted.
2. The applicable regulation provides that only foreign service performed during the period covered by the DD Form 214 will be entered on that form. The applicant served in Vietnam during the period 6 October 1968 25 September 1969 which was prior to the period of the DD Form 214 in question. Accordingly, his service in Vietnam cannot be entered on the DD Form 214 requested by the applicant.
3. Although there is no copy of his DD Form 214 issued at the time of his immediate reenlistment in the available records, a DD Form 214 should have been issued for his service during the period 18 January 1968 to 30 March 1970 and that DD Form 214 should contain evidence of his foreign service.
4. Accordingly, there appears to be no basis to grant the applicants request to add his foreign service to his DD Form 214 dated 23 September 1971.
5. However, in the event the applicant does not have a copy of his first DD Form 214, an appropriate document should be prepared now to show the applicant served in Vietnam during the period 6 October 1968 25 September 1969.
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 by issuing to him an appropriate document showing he served in Vietnam during the period 6 October 1968 25 September 1969.
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 showing his Vietnam service on his DD Form 214 for the period ending 23 September 1971.
_______ ____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) AR20130004213
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130004213
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100016235
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 4 June 1971 to show: * He had 2 years, 6 months, and 6 days of Foreign and/or Sea Service * The Army Commendation Medal * Four bronze service stars affixed to his already-awarded Vietnam Service Medal * His service in Vietnam from 14 March 1968 through 24 March 1969 2. Item 30 (Remarks) of his last DD Form 214 shows 14 March 1969 through 24 March 1969 and 26...
ARMY | BCMR | CY2010 | 20100022736
His DD Form 214 only shows he served from 30 July 1975 to 31 August 1988. His service record does not contain a DD Form 214 which covers his period of service from 9 August 1968 through 30 June 1970. Although there is no evidence of record which shows he was issued a DD Form 214 for his period of active service from 9 August 1968 to 30 June 1970 and from 1 July 1970 to 29 July 1975 he should have been issued one for each period of service.
ARMY | BCMR | CY2008 | 20080008082
Army Regulation 635-5, in effect at the time the applicant retired from active duty, in pertinent part, stated that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF). ...
ARMY | BCMR | CY2009 | 20090018002
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who have completed a qualified period of active duty enlisted service. The evidence of record shows he served in Vietnam from on or about 23 September 1969 to 22 September 1970; therefore, he served a qualifying period for award of the Vietnam Service Medal and is entitled to correction of his DD Form 214 to show this award. As a result, the Board...
ARMY | BCMR | CY2012 | 20120005608
DA Pamphlet 672-3 shows during his assignment to the 15th Supply and Service Company, 1st Cavalry Division (from on or about 12 October 1969 to 12 December 1970) this unit was cited for awards of the: * Valorous Unit Award for the period 1 May to 29 June 1970 based on DAGO Number 43, dated 1972 * Meritorious Unit Commendation for service from 1 June 1968 to 30 November 1969, based on DAGO Number 2, dated 1972 * Meritorious Unit Commendation for service from 1 January to 31 December 1970...
ARMY | BCMR | CY2007 | 20070010934
Item 31 (Foreign Service), of the applicant's DA Form 20, shows he served in Korea from 11 January 1953 through 13 January 1954, a period of 1 year and 3 days foreign service. The foreign service of 4 years, 2 months and 22 days credited to the applicant on his DD Form 214, with an effective date of 9 February 1961, is incorrect in that it is not supported by the entries found on his DA Form 20. (Foreign and/or Sea Service), of the applicant's DD Form 214, with an effective date of 9...
ARMY | BCMR | CY2001 | 2001063663C070421
The applicant’s DD Form 214 for this period of service is not present in his records. The applicant’s DD Form 214 covering his service from 12 September 1970 to 18 January 1973 is present in his records. The Board also noted that the dates of the applicant’s foreign service in Vietnam were shown on the DD Form 215 (Correction to DD Form 214), dated 3 November 2000.
ARMY | BCMR | CY2005 | 20050003539C070206
The applicant requests, in effect, that his dates of service in Vietnam be corrected on his DA Form 2-1 (Personnel Qualification Record). The applicant provides a copy of: a. page 2 of a Department of Veterans Affairs (DVA) Supplemental Statement of the Case, dated 15 February 2005, that states, in pertinent part, that the applicant's DA Form 2-1 shows his service in Vietnam as 13 October 1969 to 13 October 1970; b. his DD Form 214 (Armed Forces of the United States Report of Transfer or...
ARMY | BCMR | CY2010 | 20100000159
The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed 1 year, 3 months, and 7 days of creditable active service during this period of enlistment of which 10 months and 19 days was foreign service (from 8 August 1963 [date he arrived in Germany] to 26 June 1964 [date he was discharged]. This form further shows the following entries: * Item 18f shows completion of 4 months and 25 days of foreign service (from 14 July 1971, date he...
ARMY | BCMR | CY2010 | 20100016208
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 20 February 1972 to show he entered active duty on 7 June 1965 and to show the Purple Heart and the Parachutist Badge. He was issued a DD Form 214 for the period 24 August 1967 through 20 February 1972 that shows in: * item 18 (Record of Service): (a) (Net Active Service This Period) the entry "4 3 2" [indicating years, months, days] (b) (Prior Active Service) the entry "0 0...