IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150009187 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150009187 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150009187 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 31 December 1972, to accurately reflect all of his foreign and combat service. 2. The applicant states, in effect: * item 30 (Remarks) of his DD Form 214 does not show his service in Vietnam from 15 January to 16 December 1966 * his total foreign service is not correctly listed in item 22c (Foreign and/or Sea Service) * he served overseas for a total of 7 years and 3 months, when his tours in Germany, Vietnam, and Panama are all considered * he was in Germany from January 1952 to June 1953, and a second time from January 1955 to December 1956 * he was stationed in Panama from 26 February 1967 to December 1969 * he served in Vietnam from January to December 1966 and again from January to December 1970 * it appears the errors occurred on his DD Form 214 because his complete personnel records were not used [to prepare his DD Form 214]. 3. The applicant provides: * Special Orders (SO) Number 243, dated 3 December 1965 * SO Number 305, dated 10 November 1966 * SO Number 314, dated 19 November 1966 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 for the period ending 31 December 1972 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was inducted into the Army of the United States on 15 August 1951. Following initial training, he was assigned to Germany. He was released from active duty on 21 August 1953. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he completed 2 years and 7 days of net active creditable service. Item 26 (Foreign and/or Sea Service) shows a total of 1 year, 4 months, and 24 days. 3. After having served in the U.S. Army Reserve, he enlisted in the Regular Army on 16 November 1954 for a term of 3 years. He was assigned to Germany on or about 31 January 1955. While stationed in Germany, on 27 November 1955, he was discharged for immediate reenlistment. His record does not contain a DD Form 214 for this period of service. During his Regular Army service from 16 November 1954 to 27 November 1955, he served overseas in Germany for 9 months and 28 days. 4. On 28 November 1955, he reenlisted for a term of 6 years. a. He completed his tour in Germany on or about 3 February 1956; from his date of reenlistment, his remaining time in Germany was 2 months and 7 days. b. His entire tour in Germany (spanning portions of two enlistments) equals 1 year and 4 months, from on or about 31 January 1955 to 3 February 1956. When his first period of service in the Army of the United States is considered, his combined total service in Germany equals about 2 years, 4 months, and 27 days. 5. On his return to the United States, he was assigned to Fort Campbell, KY. While at Fort Campbell, he was honorably discharged, on 6 September 1961, for the purpose of immediately reenlisting in the Regular Army. a. His DD Form 214 for the period 1 November 1955 to 6 September 1961 shows in item 24c (Foreign and/or Sea Service) a total of 2 years and 5 months. b. He reenlisted in the Regular Army on 7 September 1961 for a term of 6 years. 6. Between 1961 and 1966, he was stationed at Fort Campbell; Fort Sill, OK; and Fort Bragg, NC. He was assigned to Vietnam from on about 17 January to 8 December 1966 (10 months and 21 days). 7. Following his departure from Vietnam, he was reassigned to Panama. He began his tour in Panama on or about 4 February 1967. 8. On 6 September 1967, after serving about 7 months and 3 days in Panama, he was honorably discharged so that he could immediately reenlist in the Regular Army. a. His DD Form 214 for the period 7 September 1961 to 6 September 1967 reflects in item 22c (Foreign and/or Sea Service) a total of 1 year, 5 months, and 24 days. b. When the 10 months and 21 days in Vietnam, and 7 months and 3 days in Panama are added together, the result is 1 year, 5 months, and 24 days. 9. He reenlisted in the Regular Army on 7 September 1967 while serving in Panama. He completed his tour in Panama on 14 November 1969. a. The period from 7 September 1967 to 14 November 1969 was 2 years, 2 months, and 8 days. b. His total time in Panama from 4 February 1967 to 14 November 1969 was 2 years, 9 months, and 11 days. 10. He was reassigned from Panama to Vietnam with no intervening assignments in the continental United States. He arrived in Vietnam on or about 12 January 1970 and departed 19 December 1970. The length of his tour in Vietnam for this period was 11 months and 8 days. 11. Following his assignment in Vietnam, he was reassigned to a unit at Fort Bragg, arriving on or about 2 February 1971. He was honorably retired on 31 December 1972. His DD Form 214 shows he completed 5 years, 3 months, and 25 days of net active creditable service during the period of this DD Form 214, and his total active service equals 20 years, 1 month, and 23 days. This DD Form 214 also shows: a. In item 22c that he had 3 years, 3 months, and 23 days of foreign service. His tour in Panama from the date of reenlistment (7 September 1967 to 14 November 1969 the date he left) combined with his tour in Vietnam (12 January to 19 December 1970) equals 3 years, 3 months, and 13 days. b. Item 30 (Remarks) that he served in Vietnam from 12 January to 19 December 1970. 12. His available service record contains a DA Form 20. Item 31 (Foreign Service) shows the following service overseas (all dates are considered close approximations, if not exact dates of service, and should be read as being "on or about"): * Germany - 21 January 1952 to 12 June 1953 (1 year, 4 months, and 23 days) * Germany - 31 January 1955 to 3 February 1956 (1 year and 4 days) * Vietnam - 17 January to 8 December 1966 (10 months and 22 days) * Panama - 4 February 1967 to 14 November 1969 (2 years, 9 months, and 11 days) * Vietnam - 12 January to 19 December 1970 (11 months and 8 days) 13. Based on a review of his DA Form 20 and his DD Forms 214, his total foreign service during his career equals approximately 7 years, 1 month, and 8 days. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document was to provide the individual with documentary evidence of his or her military service. Chapter 2 contained guidance on the preparation of the DD Form 214. a. Regarding item 22c, this block is required to show the total active service performed outside the continental limits of the U.S. for the period covered by the DD Form 214. b. The version of Army Regulation 635-5 in effect when the DD Form 214 ending 31 December 1972 was prepared, required item 30 to show Indochina service. The entry was to show inclusive dates for Vietnam, and indicate a "Yes" or "No" for service performed in Indochina and Korea. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant requests correction of item 22c of his DD Form 214, for the period ending 31 December 1972, to show the total amount of foreign service he completed. Additionally, he requests both tours in Vietnam be reflected in item 30 of his DD Form 214. 2. With regard to foreign and combat service on his DD Form 214 for the period ending 31 December 1972, the regulatory guidance that was in effect at the time required only that foreign service which was completed during the period covered by the specific DD Form 214 to be shown. a. Both tours in Germany predated the start of the DD Form 214 in question, as did his first tour in Vietnam. b. The start date for the DD Form 214 in question occurred while he was stationed in Panama. He had already served about 7 months (4 February to 6 September 1967) when he reenlisted on 7 September 1967. For the period addressed by this DD Form 214, he served in Panama for 2 years, 2 months, and 8 days (7 September 1967 to 14 November 1969, based on his DD Form 214 and DA Form 20). He left Panama and went directly to Vietnam with no intervening assignments to units in the continental United States. c. He served in Vietnam from 12 January to 19 December 1970 (11 months and 8 days). d. In the context of the DD Form 214 in question: * when his continuous overseas service (starting in Panama from the date of his reenlistment) is combined with his Vietnam service, the result is 3 years, 3 months, and 13 days of foreign service (7 September 1967 through 19 December 1970) * there is a 10-day difference between the dates indicated by his record and the period reflected on his DD Form 214 ending on 31 December 1972; dates posted on the DA Form 20 are considered close approximations, and may not reflect exact start and end dates for tours of duty * presumption of administrative regularity means, unless compelling evidence indicates otherwise, what is stated on the DD Form 214 is presumed to be correct and accurate e. As to his service in Vietnam, the dates shown in item 30 are correctly stated and no correction is required. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009187 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009187 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2