PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                  5 February 2002
	DOCKET NUMBER:         AR2001063663 

	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. June Hajjar		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger W. Able		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 2 years, 1 month, and 0 days of foreign service in item 22c (Foreign and/or Sea Service) and to show four Oversea Service Bars in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

3.  The applicant states, in effect, that his DD Form 214 should be corrected to include his service in Vietnam and four Oversea Service Bars based on his service in Vietnam.  He states that the Remarks Section of his DD Form 214 should read “Vietnam Service:  Yes.”  In support of his application, he submits a letter, dated 27 September 2001.

4.  The applicant’s military records show that he enlisted in the Regular Army on 10 December 1968 for a period three years.  He successfully completed basic and advanced individual training and served in Vietnam from 18 June 1969 through 17 June 1970.  He was honorably discharged from active duty on 11 September 1970.  The applicant’s DD Form 214 for this period of service is not present in his records.

5.  The applicant reenlisted on 12 September 1970 and served in Korea from 24 October 1970 through 23 November 1971.  He was discharged from active duty on 18 January 1973.  The applicant’s DD Form 214 for this period of service is present in his records.

6.  The applicant’s DD Form 214 (with an effective date of 18 January 1973) shows he served 1 year, 1 month and 0 days of foreign service in item 22c.  His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 24 October 1970 through 23 November 1971 (a period of 13 months).

7.  The applicant’s DD Form 4 (Enlistment Contract), dated 12 September 1970, shows he was issued an honorable discharge effective 11 September 1970.  His DA Form 20 shows he served in Vietnam from 18 June 1969 through 17 June 1970 (a period of 12 months).  

8.  A DD Form 215 (Correction to DD Form 214) issued to the applicant on 3 November 2000, amended his DD Form 214 (with an effective date of 18 January 1973) to add awards and decorations earned during his service in Vietnam and to show the dates he served in Vietnam.

9.  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 22c (Foreign and/or Sea Service).  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.

10.  Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

CONCLUSIONS:

1.  The applicant’ s DD Form 214 covering his service from 10 December 1968 to 11 September 1970 is missing from his records.

2.  The applicant’s DD Form 214 covering his service from 12 September 1970 to 18 January 1973 is present in his records.

3.  The applicant’s service in Vietnam occurred from 18 June 1969 to 17 June 1970 which would have been covered by the missing DD Form 214.

4.  A DD Form 215, dated 3 November 2000, amended the available DD Form 214 (with an effective date of 18 January 1973) to show awards and decorations earned during his service in Vietnam and Vietnam service that otherwise would have been shown on the missing DD Form 214.

5.  The available DD Form 214 shows the applicant is entitled to two Oversea Service Bars.  The applicant is also entitled to two Oversea Service Bars for his Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 (with an effective date of 18 January 1973) to show a total of four Oversea Service Bars.

6.  The Board noted the applicant’s request to show all of his foreign service in Vietnam (18 June 1969 - 17 June 1970) and his foreign service in Korea (24 October 1970 – 23 November 1971) on the DD Form 214 (with an effective date of 18 January 1973).  However, the regulation governing the preparation of the DD Form 214 states that only foreign service performed during the period covered by the DD Form 214 will be shown in item 22c (Foreign and/or Sea Service).  The Board also noted that the dates of the applicant’s foreign service in Vietnam were shown on the DD Form 215 (Correction to DD Form 214), dated 3 November 2000.  Based on these facts, there is no basis to amend item 22c on the DD Form 214 (with an effective date of 18 January 1973) to show his foreign service in Vietnam.

7.  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 by amending the DD Form 214 (with an effective date of 18 January 1973) of the individual concerned to show he was awarded four Oversea Service Bars.

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

BOARD VOTE:  

JH_____  RWA_____  KAK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		June Hajjar___________
		        CHAIRPERSON

INDEX

CASE ID	AR2001063663	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020205	
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	Mr. Schneider	
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.