IN THE CASE OF:	   

		BOARD DATE:	  22 October 2015

		DOCKET NUMBER:  AR20150003906 


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 (Armed Forces of the United States Report of Transfer or Discharge), presumably for the period ending on 12 December 1972, to show the entry "26 June 1969" in item 17c (Date of Entry) and the entry "11 months" in item 22c (Foreign and/or Sea Service). 

2.  The applicant states his initial date of entry on active duty was 26 June 1969 and he completed 11 months of foreign service in Vietnam.  This information should be reflected on his DD Form 214.

3.  The applicant provides DD Forms 214, for the periods ending on 13 March 1970 and 12 December 1972, and DD Form 215 (Correction to DD Form 214), for the period ending on 12 December 1972.

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 into the Army of the United States and entered active duty on 26 June 1969.  He held military occupational specialties 91B (Medical Corpsman) and 71B (Clerk Typist) and attained the rank/grade of specialist five (SP5)/E-5.  

3.  His DA Form 20 (Enlisted Qualification Record) shows he began his service in the Republic of Vietnam on 5 December 1969.

4.  He was honorably discharged for immediate enlistment on 13 March 1970.  His DD Form 214 shows in:

* Item 10c (Date Inducted), the entry "26 June 1969"
* Item 22c, the entry "00 [years], 03 [months], 09 [days]"
* Item 30 (Remarks), does not list his Vietnam service during this period

5.  He reenlisted in the Regular Army on 14 March 1970.  

6.  He completed his service in the Republic of Vietnam on 6 November 1970.  

7.  He was honorably released from active duty on 12 December 1972.  His 
DD Form 214 shows in:

* Item 17c, the entry "14 March 1970"
* Item 22c, the entry "00 [years], 07 [months], 22 [days]"
* Item 30, the entry "VIETNAM:  14 Mar 70 - 6 NOV 70; INDOCHINA: YES; KOREA: NO"

8.  Army Regulation 635-5 (Separation Document), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214 and DD Form 215.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  

	a.  Paragraph 1-3a states a DD Form 214 will be issued at time of separation to each member of the Reserve components, and the Army of the United States without component, called or ordered to active duty.

	b.  Paragraph 2-16 states item 10c of the DD Form 214 is applicable only to individuals who were inducted (as opposed to enlisted).

	c.  Paragraph 2-29b states, for item 17c of the DD Form 214, enter the date the Soldier entered on active duty or date enlistment or reenlistment was accomplished.  If the qualification record of an enlisted member of the Regular Army indicates that he was discharged from previous enlistment or enlistments and immediately reenlisted without being furnished a DD Form 214, the date to be entered in this item will be the earliest date not previously covered by a       DD Form 214.  

	d.  Paragraph 2-39b. states, for item 22c of the DD Form 214, enter the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed.

	e.  Paragraph 2-50b(18) states, for item 30 of the DD Form 214, indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.  Sample entries are as follows: To show service in Vietnam only, "Vietnam - 25 Apr 70 thru        28 May 71, Indochina - yes, Korea - no"; to show service in Indochina (other than Vietnam) only, "Indochina - yes, Vietnam - no, Korea - no"; to show service in Korea only, "Indochina - no, Vietnam - no, Korea - yes."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains two DD Forms 214.  Each DD Form 214 covers a specific period of active duty.

2.  His DD Form 214 covers the period 26 June 1969 to 13 March 1970.

	a.  Item 10c of this DD Form 214 properly shows he was inducted into the Army of the United States on 26 June 1969.
	
   b.  Item 17c of this DD Form 214 was properly left blank because his method of entry onto active duty was a result of an induction vice an enlistment.  

	c.  The evidence shows he was honorably discharged while in Vietnam on 
13 March 1970 for immediate enlistment.

	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.  However, his DD Form 214 for this period does not contain such an entry.  

3.  His second DD Form DD Form 214 covers the period 14 March 1970 to 
12 December 1972.

	a.  Item 10c of this DD Form 214 was properly left blank as his method of entry onto this period of active duty was enlistment vice induction.  

	b.  Item 17c of this DD Form 214 properly shows he reenlisted in the Regular Army on 14 March 1970.

	c.  The evidence shows he enlisted in the Regular Army while in Vietnam on 
14 March 1970.

	d.  The evidence shows, during this period of service, he served in Vietnam from 14 March 1970 to 6 November 1970, which equals a total of 0 years,           7 months, and 22 days of Vietnam service during the period covered by this     DD Form 214.  

	e.  Item 30 of his DD Form 214 correctly shows that during the period covered by this DD Form 214, he served in Vietnam from 14 March to 6 November 1970.  

4.  The applicant was properly issued two DD Forms 214 and these DD Forms 214 cover both periods of his active duty service.  Collectively, these DD Forms 214 show he initially entered active duty as an inducted Soldier in the Army of the United States on 26 June 1969, and his last period of active duty service ended with his honorable release from active duty on 12 December 1972.  These forms also collectively show he served in Vietnam from 5 December 1969 to                 6 November 1970 (11 months and 1 day).

5.  However, based on a change to the governing regulation a few years after the applicant's discharge, it would be appropriate to make an administrative correction in item 30 of his DD Form 214 for the period ending on 
13 March 1970 to show the entry "Vietnam – 5 December 1969 through 
13 March 1970, Indochina - yes, Korea - no." 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  

2.  The Board determined that an administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the Army Review Boards Agency Case Management Division administratively correct the DD Form 214 of the individual concerned for the period ending on 13 March 1970 to show in item 30 the entry "Vietnam – 5 December 1969 through 13 March 1970, Indochina - yes, Korea - no." 



      _______ _   _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)                                         AR20150003906



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ABCMR Record of Proceedings (cont)                                         AR20150003906



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