MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 September 2001
	DOCKET NUMBER:   AR2001059445

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

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Ronald E. Blakely		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, that his total active service and his foreign service time be corrected on his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), dated 31 August 1972.

APPLICANT STATES:  In effect, that the DD Form 214 issued to him on 
31 August 1972, does not accurately reflect his total number of years in service and his foreign service in Germany, Korea, Japan, and Vietnam.  In support of his application, he submits seven DD Forms 214 and one Enlisted Record and Report of Separation (WD AGO Form 53-55).

EVIDENCE OF RECORD:  The applicant's military records show:

On 31 August 1972, he was honorably released from active duty (REFRAD) for the purpose of retirement.  On the date of his separation from this period of service, 10 September 1969 through 31 August 1972, he was issued a DD Form 214 that he authenticated with his signature.  This separation document confirms that he held the rank of staff sergeant/E-6 (SSG/E-6) and was serving in military occupational specialty (MOS) 76P (Control and Accounting Specialist) on the date of his separation.  It also verifies that he had completed 1 year and 21 days on this particular period of service and a total of 23 years, 7 months, and 16 days of active military service.  It further verifies that he completed 1 year and 1 day of foreign service in Vietnam during that period of service and it contains the following entries in Item 30 (Remarks):  “Vietnam –20 Sep 69 thru 20 Sep 70; Indochina-Yes, Korea-Yes”.

The information contained in the applicant’s official military records show that he was issued seven separation documents for the following periods of service: 
7 October 1946 through 1 May 1947; 6 September 1947 through 5 September 1950; 7 September 1950 through 6 September 1956; 7 September 1956 through 9 September 1960; 10 September 1960 through 9 September 1966; 
10 September 1966 through 9 September 1969; and 10 September 1969 through 31 August 1972.  The separation documents properly reflect the applicant’s foreign service for each of the periods of service for which they were issued and a Data For Retired Pay (DA Form 3713) on file confirms that he was credited with a total of 23 years, 7 months, and 16 days of active military service upon retirement. 

Army Regulation 635-5, in effect at the time, provided that a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  It also stipulated that the amount of foreign service listed would reflect the foreign service performed during that specific period of service covered by the DD Form 214 and the last overseas theater in which this service was performed.  It also specified that the inclusive dates of any service performed in Vietnam would be shown and that service performed in Indochina and Korea after 5 August 1964 would be addressed with a Yes or No entry. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations it is concluded:

1.  The Board notes the applicant’s contention that service data contained in his final DD Form 214 was in error.  However, the evidence of record confirms that he retired after completing a total of 23 years, 7 days, and 16 days of active military service.  Therefore, the total active service listed in item 22b of the applicant’s DD Form 214, dated 31 August 1972, is correct.

2.  Further, the record also verifies that the applicant’s service, including periods of foreign service, were properly documented in the separation documents that were issued to him for each separate period of active duty service.  In addition, there are no regulatory provisions that provide for consolidation of service credit listed in separate DD Forms 214. 

3.  The Board also finds that each of the separation documents that were issued to the applicant prior to his final retirement DD Form 214 properly reflect his foreign service for the period in which it was served.  

4.  Further, the applicant’s service in Vietnam, from 20 September 1969 through 20 September 1970, is properly listed on his final DD Form 214, dated 31 August 1972.  Therefore, the Board concludes that the applicant’s total and foreign service are properly documented in the existing separation documents and no error or injustice exists.  Thus, the Board concludes that the requested relief is not warranted. 

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JNS___  ___LE___  __REB___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001059445	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/25	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	120.0000	
2.	129.0100	
3.		
4.		
5.		
6.