IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140009212
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 item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to read 2 years, 2 months, and 8 days.
2. The applicant states:
a. he served a total of 2 years, 2 months, and 8 days foreign service in Vietnam from May 1967 to 11 June 1969; and
b. he was held in Vietnam an additional 34 days after his year was up, then reenlisted at the end of his first enlistment, and did not return home for another year and two months.
3. The applicant provides the following documents in support of his application:
* DD Forms 214, issued 4 April 1968 and 22 July 1971
* DD Form 215 (Correction to 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 was initially inducted into the Army of the United States on 5 April 1966. He was trained in and held military occupational specialty
94D (Baker).
3. On 7 May 1968, the applicant was honorably discharged for the purpose of immediate reenlistment. Item 11d (Effective Date) of the DD Form 214 issued at that time contains the entry "4 Apr 68" [sic] and item 22c contains an entry which shows he completed 1 year, 1 month, and 4 days of foreign service.
4. The applicant's record contains a DD Form 215 issued on 23 August 1968. It shows it corrected item 11d of his DD Form 214 to show the entry "7 May 68."
5. On 8 May 1968, the applicant reenlisted. His DA Form 20 (Enlisted Qualification Record) contains a single entry in item 31 (Foreign Service) which shows he served in the Republic of Vietnam (RVN) from 2 May 1967 to 11 June 1969.
6. On 23 July 1971, the applicant was honorably released from active duty having completed a total of 5 years, 3 months, and 19 days of creditable active duty service. The DD Form 214 issued to him at that time contains the entry "1 1 4" in item 22c, which indicates he performed 1 year, month, and 4 days of foreign service during the period covered by that separation document.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states to enter the total amount of foreign service completed during the period covered by the DD Form 214 in item 24c. The regulation stipulates that the information in item 24c will be obtained from the Enlisted Qualification Record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 22c of his DD Form 214 should be corrected to show 2 years, 2 months, and 8 days of service foreign service. By regulation, item 22c of the DD Form 214 will contain the total amount of foreign service completed during the period covered by the DD Form 214.
2. The evidence of record confirms the applicant served in the RVN from 2 May 1968 to 11 June 1969, as evidenced by item 31 of his DA Form 20. His total foreign service was served across two separate enlistment periods. The applicant's DD Form 214 issued on 7 May 1968 properly documented the first half of his RVN tour and his second DD Form 214 issued on 23 July 1971 appropriately listed the remainder of his RVN tour. Therefore, the applicant's 2 years, 2 months, and 8 days of foreign service is properly recorded on the two separate DD Forms 214 covering his two enlistment periods. Accordingly there is no basis upon which to add any foreign service to either DD Form 214.
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) AR20140009212
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ABCMR Record of Proceedings (cont) AR20140009212
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