BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140002554
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) to show continuous, uninterrupted active duty service from 28 January 1975 through 26 July 1982 and his status as a Vietnam era veteran.
2. The applicant states his current DD Form 214 and all records show the date he reenlisted on 29 July 1977 as his date of entry on active duty. He actually entered active duty on 28 January 1975. He has made several attempts to correct this error to no avail. His records should reflect that he is a Vietnam era veteran for pension and compensation purposes.
3. The applicant provides:
* self-authored statement, dated 31 January 2014
* DD Form 214 for the period ending 28 July 1977
* DD Form 214 for the period ending 26 July 1982
* DA Form 1569 (Transcript of Military Record), dated 21 September 1983
* Certification of Military Service, dated 13 August 2003
* DA Form 2-1 (Personnel Qualification Record Part II), page 2
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 28 January 1975 for a period of 3 years. On 28 July 1977, he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 for this period shows he completed 2 years, 6 months, and 1 day of active service. Item 18f (Foreign and/or Sea Service This Period) shows he completed 0 years, 0 months, and 0 days. Item 27 (Remarks) contains the entry: "Country in which last period of overseas service was performed: None."
3. On 29 July 1977, he reenlisted for a period of 5 years. He was assigned to the 25th Military Intelligence Company, Schofield Barracks, HI, from 7 February 1979 through 22 June 1982. He was honorably discharged on 26 July 1982. His DD Form 214 for this period shows he completed 4 years, 11 months, and 28 days of net active service with 2 years, 6 months, and 1 day of prior active service. Item 12f (Foreign Service) shows he completed 3 years, 4 months, and 19 days. Item 18 (Remarks) does not show any Vietnam service.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.
a. A DD Form 214 would be issued to all personnel at the time of retirement, discharge, or release from the Active Army. Effective 1 October 1979, DD Forms 214 would no longer be issued for enlisted members who were discharged for immediate reenlistment in the Regular Army and all service would be continuous from the date the last DD Form 214 was issued.
b. The total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his continuous, uninterrupted active duty service from 28 January 1975 through 26 July 1982 was carefully considered.
2. The regulation in effect at the time of his discharge on 28 July 1977 for immediate reenlistment provided for issuance of a DD Form 214. His DD Form 214 for this period properly shows he entered active duty on 28 January 1975 and he completed 2 years, 6 months, and 1 day of active service. He reenlisted on 29 July 1977 and was ultimately discharged on 26 July 1982. His DD Form 214 for this period properly shows he completed 4 years, 11 months, and 28 days of net active service with 2 years, 6 months, and 1 day of prior active service. The regulatory guidance to discontinue issuance of DD Forms 214 for separate terms of enlistment was not effective until 1 October 1979 after the issuance of his first DD Form 214. Therefore, he is not entitled to the requested relief.
3. His request for correction of his DD Form 214 to reflect that he is a Vietnam era veteran for pension and compensation purposes was also carefully considered.
4. There is no evidence showing he served in Vietnam and there is no regulatory provision for showing Vietnam era service on a DD Form 214. Therefore, he is not entitled to the requested relief.
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 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) AR20140002554
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ABCMR Record of Proceedings (cont) AR20140002554
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