PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 December 2002
	DOCKET NUMBER:   AR2002069973

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Bernard P. Ingold		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 the Board correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 May 1972.  He requests that item 17c (Date of Entry) be corrected to read "69-02-28" vice "70-01-18" and that item 20c (Foreign and/or Sea Service) be corrected to reflect that he served 18 months in Vietnam.

3.  The applicant states, in effect, that his date of entry on active duty is incorrect; he first entered on active duty on 28 February 1969.  He also states that he served 18 months in Vietnam, not the 10 months and 21 days listed.

4.  In support of his application, the applicant submitted a copy of his DD Form 214 for the period ending 4 May 1972.

5.  The applicant’s military records show that he entered active duty on 28 February 1969 and was honorably separated on 17 January 1970 for the purpose of immediate reenlistment.  He was issued a DD Form 214 for this period of service.  It shows he served 10 months and 20 days of active military service, of which 5 months and 3 days was foreign and/or sea service in the United States Army Pacific (USARPAC).

6.  Reenlisting on 18 January 1970, the applicant served until he was separated with an honorable character of service on 4 May 1972 under the provisions of paragraph 5-3, Army Regulation 635-200, by reason of a hardship.  He was transferred to the United States Army Reserve (USAR).  His DD Form 214 for this period of service shows:  in item 17c (Date of Entry), "70-01-18," in item 22c (Foreign and/or Sea Service) "10 months and 21 days," and in item 30 (Remarks), RVN service "29 Sep 71 - 22 Jan 72.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes a standardized policy for preparing and distributing the DD Form 214, which is a summary of a soldier's most recent period of continuous active duty [emphasis added].  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

CONCLUSIONS:

1.  The Board concurs with the applicant that he entered active duty on 28 February 1969.  However, that date of entry applies only to his initial enlistment, that period of service that ended on 17 January 1970 when he effected an immediate reenlistment.  Subsequently, a new period of service began on 18 January 1970 and this became his new date of entry and is correctly reflected on his DD Form 214 for the period ending 4 May 1972. 

2.  The Board determined that the applicant's Vietnam service is incorrectly reflected in item 22c and item 30 on his DD Form 214 for the period ending 4 May 1972.  The evidence of record indicates the applicant has two periods of service in Vietnam for the period of enlistment ending on 4 May 1972.  The first period of service is from 18 January 1970 thru 12 August 1970 and the second period is from 29 September 1971 thru 25 April 1972.  

3.  The evidence of record shows the applicant served in Vietnam for 5 months and 3 days prior to reenlisting on 18 January 1970; and that after reenlisting he served in Vietnam for 6 months and 26 days; and again for 6 months and 24 days on his second tour to Vietnam.  The evidence of record shows that the applicant's total time served in Vietnam is 18 months and 25 days; however the service is not cumulatively reflected on the DD Form 214.  Therefore he is credited with 1 year, 1 month, and 22 days for the period of service ending 4 May 1972 and 5 months and 3 days for the period of service ending 17 January 1970.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, showing in item 22c, 1 year, 1 month, and 22 days and in item 30, RVN dates as 18 Jan 1970  - 12 Aug 1970 and 29 Sep 1971 - 25 Apr 1972 for the period of service ending 4 May 1972.

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

BOARD VOTE:  

__rwa___  __kyf___  __bpi___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Roger W. Able
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069973	
SUFFIX		
RECON		
DATE BOARDED	20021212	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19720504	
DISCHARGE AUTHORITY	AR 635-200, Chap 5	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.