IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140004602
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) be corrected to show in item 17c (Date of Entry) that his date of entry was 22 August 1967.
2. The applicant states, in effect, that his DD Form 214 incorrectly reflects that he entered active duty on 27 August 1970 and was released from active duty on the same date.
3. The applicant provides copies of his DD Form 214 and Army Good Conduct Medal.
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 was inducted on 22 August 1967 and was transferred to Fort Campbell, Kentucky to undergo his basic training. On 27 August 1967, he was honorably discharged for the purpose of enlisting in the Regular Army. He was issued a DD Form 214 reflecting his 6 days of active service,
3. On 28 August 1967, he enlisted in the Regular Army for a period of 3 years and training as a preventative medicine specialist.
4. He completed his advanced individual training at Fort Sam Houston, Texas and remained there for his first assignment until he was transferred to Vietnam on 24 February 1968. He departed Vietnam on 17 February 1969 and was transferred to Fort Carson, Colorado where he remained until he was honorably released from active duty (REFRAD) on 27 August 1970 due to the expiration of his term of service. His DD Form 214 issued at the time of his REFRAD shows his date of entry in item 17c as 27 August 1970. It also reflects 6 days of other service that is covered by a separate DD Form 214.
5. Army Regulation 635-5 at the time served 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 each period of service, to include immediate reenlistments. That regulation was subsequently changed and remains in force today. It provides that a DD Form 214 is no longer issued for immediate reenlistments unless there is a break in service of at least 24 hours.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to show his correct entry date has been noted and found to have partial merit. His DD Form 214 should be corrected to show a date of entry of 28 August 1967 instead of 22 August 1967 as he was issued a DD Form 214 covering the period 22 August to 27 August 1967. A copy of his first DD Form 214 will be provided to him.
2. Accordingly, his DD Form 214 should be corrected to show a date of entry in item 17c of 28 August 1967.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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:
* Deleting the entry 22 Aug 70 from item 17c of his DD Form 214 for the period ending 27 August 1970
* Adding the entry 28 Aug 67 to item 17c of his DD Form 214 for the period ending 27 August 1970
2. The Board further determined that 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 changing his date of entry on his DD Form 214 for the period ending 27 August 1970 to 22 August 1967.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140004602
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140004602
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110005550
He states that these Items should be corrected to confirm his service dates and Vietnam service. His record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 29 July 1967, that shows he enlisted in the RA on 29 July 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 17c of his DD Form 214 for the period ending 24 July 1970 the entry "29 July 1970" and replacing...
ARMY | BCMR | CY2014 | 20140014338
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 September 1972 to show: * his date of birth (DOB) as 8 September 1947 * award of the Bronze Star Medal (BSM) and Air Medal * his date of entry as 12 or 13 December 1966 2. The applicant states: * his DOB should be 8 September 1947 instead of 8 September 1945 * his DD Form 214 for the period ending 22 September 1972 does not show the BSM or Air...
ARMY | BCMR | CY2015 | 20150001397
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 22 February 1970 to show he entered active duty service on 17 September 1967 (sic). His record contains a DD Form 4 (Enlistment Record Armed Forces of the United States) that shows he enlisted in the Regular Army (RA) for a period of 3 years on 29 September 1967.
ARMY | BCMR | CY2015 | 20150003906
The applicant's record contains two DD Forms 214. d. The evidence shows, during this period of service he served in Vietnam from 5 December 1969 to 13 March 1970, which equals a total of 0 years, 3 months, and 09 days of Vietnam service during the period covered by this DD Form 214. e. Army Regulation 635-5, paragraph 2-50b(18) states item 30 of the DD Form 214 should indicate Indochina and Korea service on or after 5 August 1964. Item 17c of this DD Form 214 properly shows he reenlisted...
ARMY | BCMR | CY2011 | 20110019802
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 December 1973 by: a. showing his foreign service in Vietnam; b. showing his actual date of entry on military service (currently shows 5 December 1973 [sic shows 1969]); and c. adding the Vietnam Service Medal or Republic of Vietnam Campaign Medal. Evidence of record shows the applicant initially enlisted in the RA on 25 October 1967, he served 11...
ARMY | BCMR | CY2010 | 20100013625
Therefore, he completed 3 months and 6 days of foreign service in Vietnam during the period covered by this DD Form 214, which is correctly shown in item 22c of this DD Form 214. d. He was inducted on 10 February 1970 and was honorably discharged on 18 November 1970. Therefore, he completed 9 months and 2 days of foreign service in Vietnam during the period covered by this DD Form 214, which is correctly shown in item 22c of this DD Form 214. d. He enlisted on 19 November 1970 and was...
ARMY | BCMR | CY2011 | 20110022409
His DD Form 214 for this period shows in: * item 3a (Grade, Rate, or Rank) his rank and pay grade as SGT, E-5 (T), indicating temporary grade * item 19c (Date of Entry) he enlisted in the Regular Army on 4 December 1963 * item 23 (Home of Record (HOR)) his HOR as Jayuya, PR * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he wasn't awarded the POW Medal or Army Good Conduct Medal during this period * item 28 (Service Schools or...
ARMY | BCMR | CY2010 | 20100022164
The applicant requests, in effect, correction of item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered active service on 27 November 1964 instead of 27 November 1965. His DD Form 214 shows in: * item 11d (Effective Date) the entry 26 November 1967 * item 16 the entry 26 November 1971 * item 17c the entry 27 November 1965 6. Based on the correction to the applicant's date of entry, his net service during the period...
ARMY | BCMR | CY2010 | 20100011702
Application for correction of military records (with supporting documents provided, if any). The applicant requests his records be corrected to reflect his date of birth (DOB) as 11 October 1948 and to reflect his period of service in the Republic of Vietnam (RVN) as 5 January 1970 through 8 January 1971. Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.
ARMY | BCMR | CY2013 | 20130018789
The evidence of record shows the applicant was ordered to active duty from the USAR and entered active duty on 13 August 1966. Item 17c of the DD Form 214 shows he entered on active duty on 13 August 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 17c of his DD Form 214 the entry 13 August 1968 and replacing it with the entry 13 August 1966 * adding to item 30 of his DD Form 214 the entry,...