PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:           2 August 2001 
	DOCKET NUMBER:   AR2001051263

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John P. Infante		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, in effect, that Item 22c (Foreign and /or Sea Service)
on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued on 31 July 1970 be modified to show the total sum of his foreign service (the time that he served in the Republic of Vietnam (RVN)).  He also requests that the dates in Item 30 (Remarks) be modified to show the total sum of his Foreign Service. 

3.  The applicant states, in effect, that he submits copies of his DD Forms 214 for the periods 21 January 1951-21 January 1954; 3 June 1955-16 May 1960; 17 May 
1960-16 May 1966; and 17 May 1966-31 July 1970 in support of his request.  He also submits a certificate of appreciation for the period 30 March 1965-14 June 1966; General Orders Number 703, dated 20 May 1966; a letter of appreciation, dated 13 June 1966, and a letter written in his own behalf, dated 31 October 2000. 

4.  The applicant retired from military service on 31 July 1970 as a Master Sergeant with 20 years, 6 months, and 15 days of service.  His retirement DD Form 214 lists only 27 days of foreign and/or sea service in Item 22c.

5.  Prior to the period of service under review (17 May 1966-31 July 1970), the applicant served in the RVN from 21 March 1965-16 May 1966.  While assigned to the RVN, he was honorably discharged on 16 May 1966 and issued a DD Form 214.  This DD Form 214, Item 24c (Foreign and or Sea Service) shows that his RVN service equals 1 year, 1 month and 26 days. 

6.  On 17 May 1966, the applicant reenlisted in the Regular Army and remained in the RVN until 14 June 1966.  On 30 July 1966, he was assigned to Germany. On 31 July 1970, he was honorably discharged, retired, and transferred to the United States Army Reserve.  His retirement DD Form 214 shows that he completed 4 years, 2 months and 14 days of net service during this final period, and he completed 16 years, 4 months and 1 day of other service.  Item 22c shows only 27 days of foreign service (RVN service from17 May-14 June 1966). 

7.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that only foreign service performed during the period covered by the DD Form 214 will be entered in item 22c (Item 24c on older versions of the form).

CONCLUSIONS:

1.  Item 24c of the applicant's DD Form 214 issued on 16 May 1966 shows a total of 1 year, 1 month and 26 days of Foreign Service.  Therefore, Item 22c on his DD Form 214 issued on 31 July 1970 appropriately shows that he performed only 27 days of Foreign Service after he reenlisted.  Army Regulation 635-5 states that Item 22c (or Item 24c) will show only the Foreign Service served during the period covered by the DD Form 214.  

2.  Even though the applicant's DD Forms 214 ending 16 May 1966 and 31 July 1970 appropriately show his foreign service, the Board recommended, as an exception to policy, that his DD Form 214 ending 31 July 1970 be changed to reflect the total sum of his foreign service in the RVN.  

3.  Therefore on his DD Form 214 ending 31 July 1970, Item 22c should be modified to show 1 year, 2 months and 23 days of Foreign Service as an exception to policy.  Item 30 (Remarks) should also be modified to show that he served in the RVN from 21 March 1965-14June 1966 as an exception to policy.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That as an exception to policy the individual concerned be issued a DD Form 
215 (Correction to DD Form 214) showing:

       a.  that Item 22c, Foreign Service, equals 1 year, 2 months and 23 day; and 

       b.  that Item 30 shows the individual concerned served in the RVN from 21MAR65-14JUN66.

BOARD VOTE:

_______  ________  ________  GRANT AS STATED IN RECOMMENDATION

_______  ________  ________  GRANT FORMAL HEARING

__RJW_  __BJE___  __JPI___  DENY APPLICATION

		   _Raymond J. Wagner__
		        CHAIRPERSON

INDEX

CASE ID	AR2001051263	
SUFFIX		
RECON		
DATE BOARDED	20010802	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700731	
DISCHARGE AUTHORITY	Paragraph 302 (Retirement/Separation)	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	136.0200	
2.		
3.		
4.		
5.		
6.