BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20140000652
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 July 1971 be corrected to reflect his service in Vietnam.
2. The applicant states his service in Vietnam was omitted from his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 8 June 1966 for a period of 3 years. He completed his basic training at Fort Jackson, SC and his advanced individual training as an engineer equipment mechanics helper at Fort Belvoir, VA and was then transferred to Germany on 24 November 1966. He departed Germany on 22 April 1967 for assignment to Vietnam.
3. He arrived in Vietnam on 22 May 1967 and he was promoted to the pay grade of E-5 on 27 April 1968. He departed Vietnam on 14 May 1968 for assignment to Fort Leonard Wood, MO and on 14 July 1968, he was honorably discharged for the purpose of immediate reenlistment. He had served 2 years, 1 month, and
7 days of active service of which 1 year and 5 months was served overseas in Germany and Vietnam.
4. On 15 July 1968, he reenlisted for a period of 3 years. On 26 February 1970, he was transferred to Germany where he remained until he was honorably released from active duty (REFRAD) on 23 July 1971 as an overseas returnee. He had served 2 years, 11 months, and 2 days of active service during his current enlistment for a total of 5 years and 9 days of total active service. His DD Form 214 reflects his foreign service was in USAREUR.
5. A review of his official records failed to reveal a copy of his DD Form 214 issued on 14 July 1968 at the time he was discharged for immediate reenlistment.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for the preparation of the DD Form 214. It stated the DD Form 214 would be prepared to reflect active and foreign service that is performed during the period covered by the DD Form 214. Effective 1 October 1979, this regulation was changed to eliminate the issuance of a DD Form 214 for immediate reenlistments. A break in service in excess of 24 hours requires that a DD Form 214 be issued from that point and continues presently.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 dated 23 July 1971 should be corrected to reflect his Vietnam service has been noted and appears to lack merit. The applicant served in Vietnam during the period 22 May 1967 to 14 May 1968. He was honorably discharged on 14 July 1968 and would have been issued a DD Form 214 at that time that reflected his Vietnam service.
2. Unfortunately, a copy of that DD Form 214 is not present in the available records and the regulation governing the preparation of the DD Form 214 provides that service covered by other DD Forms 214 will not be subsequently entered on DD Forms 214 for a period not covered by the DD Form 214 in question.
3. Therefore, it appears that there is no error or injustice in his case and no basis to grant his request to add his Vietnam service on a DD Form 214 of a different period.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ __X______ ___X_ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
________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) AR20140000652
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ABCMR Record of Proceedings (cont) AR20140000652
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