PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 22 March 2001             
	DOCKET NUMBER:        AR2000045770

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Regan K. Smith		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests reconsideration of his application to correct his discharge document to show his first tour of duty in Vietnam in 1961.  In addition, he requests correction of the spelling of his last name as shown on his birth certificate.

3.  The applicant states that he had spelled his last name as “_ _ _ _ _tca _ _ _” until he got his birth certificate in 1950.  He states that when he tried to have this corrected, every unit he was assigned to “passed the buck” to the new unit.  He contends that he was not recognized for his first tour of duty in 1961 with the 129th Medical Detachment, Ireland Army Hospital in Fort Knox, Kentucky.  In support of his application, he provides a copy of his DD Form 214 with an effective date of 31 May 1967 and two personal statements.

4.  The Proceedings of the Board’s 3 August 2000 (Docket Number AR2000035905) review of the applicant’s December 1999 request for correction of the spelling of his last name and correction of his foreign service in Vietnam are incorporated herein by reference as if wholly set forth.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 21 November 1961 through 13 November 1962.  
His DD Form 214 with an effective date of 26 May 1963 shows that he served 11 months and 25 days of foreign service in item 24c (Foreign and/or Sea Service).

6.  Evidence available to the Board shows that the applicant served his second tour in Vietnam from 15 November 1964 through 30 December 1965.  
Item 22c (Foreign and or Sea Service) on his DD Form 214 with an effective date of 31 May 1967 shows that he served 1 year and 1 month of foreign service in Vietnam.

7.  The applicant’s DD Form 214 with an effective date of 31 May 1967 shows his last name as “_ _ _ _ _tca _ _ _” in item 1.  The applicant previously submitted a copy of his birth certificate which shows his last name as “_ _ _ _ _teca_ _ _”.

8.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in 
item 24c or 22c.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

9.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The version of this regulation in effect at the time in question directs that the service member’s last name, first name and middle initial will be entered in item 1 of the DD Form 214. 

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was not given recognition for his first tour in Vietnam.  However, evidence of record shows he served in Vietnam from 21 November 1961 through 13 November 1962 and was issued a DD Form 214 with an effective date of 26 May 1963 which properly reflects that he served 11 months and 25 days of foreign service.  

2.  Based on paragraph 1 above, the applicant is entitled to correction of his DD Form 214 with an effective date of 26 May 1963 to show the entry “Vietnam Service:  21 November 1961 to 13 November 1962” in item 32 (Remarks).

3.  The applicant served a second tour in Vietnam from 15 November 1964 through 30 December 1965 and was issued a DD Form 214 with an effective date of 31 May 1967 which correctly shows he served 1 year and 1 month of foreign service in Vietnam.  Therefore, his DD Form 214 with an effective date of 31 May 1967 is correct as currently constituted.  

4.  Evidence of record shows the correct spelling of the applicant’s last name as 
“_ _ _ _ _ teca _ _ _” instead of “_ _ _ _ tca_ _ _”.  Therefore, to assist the applicant in civilian matters, the Board will direct that a Transcript of Military Records (DA Form 1569) be issued to show the correct spelling of his last name.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by amending item 32 (Remarks) of the DD Form 214, dated 26 May 1963, of the individual concerned to show the entry “Vietnam Service:  21 November 1961 to 13 November 1962”; and 

b.  by issuing a Transcript of Military Records (DD Form 1569) to show the correct spelling of his last name as shown on his birth certificate.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

SP_____  JPI_____  RKS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Shirley Powell________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045770	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322    	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.