BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160002378 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ _x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160002378 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a.  adding the entry "USARPAC" to item 22c of his DD Form 214 for the period ending 2 July 1969 and b.  adding the entry "VIETNAM SERVICE: FROM 14 SEPTEMBER 1970 TO 10 OCTOBER 1971" to item 27 of his DD Form 214 for the period ending 30 August 1976. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to granting him additional foreign service credit. ___________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. BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160002378 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 (Report of Separation from Active Duty) for the period 3 July 1969 to 30 August 1976 to show his correct foreign service. 2. The applicant states: a.  His four completed overseas tours in Korea and one completed tour in Vietnam are not shown on his DD Form 214 for the period ending 30 August 1976. This DD Form 214 only shows he had two overseas tours of duty. b.  His official military personnel file does not correctly show his last 3 years of service during the period in question. c.  His military service was active duty from 1967 to 1976, U.S. Army Reserve from 1976 to 1978, and active duty from 1978 to 1983. He also had two service numbers, RA12xxxx69 and RA24xxxxx95. 3. The applicant provides: * three DD Forms 214 * Honorable Discharge Certificate * DD Form 215 (Correction to DD Form 214) * DA Form 20 (Enlisted Qualification Record) * DA Form 2-1 (Personnel Qualification Record – Part II) 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 enlisted in the Regular Army on 29 August 1967 for a period of 3 years. 3. On 2 July 1969, he was honorably discharged for immediate reenlistment. 4. On 28 August 1968, he was assigned to Company B, 2nd Engineer Battalion, 2nd Infantry Division, Korea. 5. His DD Form 214 for the period ending 2 July 1969 covered a period of 1 year, 10 months, and 11 days of creditable active military service and shows in: * item 12 (Last Duty Assignment and Major Command) – Company B, 2nd Engineer Battalion, 2nd Infantry Division, Korea * item 22c (Foreign and or Sea Service) – 10 months and 11 days 6. On 3 July 1969, he reenlisted for a period of 6 years. 7. Item 32 (Record of Assignments) of his DA Form 20 shows he was in a casual status on 4 September 1970 and he departed Korea for Vietnam. 8. On 14 September 1970, he was assigned to Company A, 55th Engineer Battalion, Vietnam. 9. On or about 10 October 1971, he departed Vietnam for the continental United States. 10. On 22 November 1971, he was assigned to Company D, 8th Engineer Battalion, 1st Cavalry Division, Fort Hood, TX. 11. Item 32 of his DA Form 20 shows he was in a casual status on or about 25 August 1972 and he departed the continental United States for U.S. Army Pacific (USARPAC). 12. On 2 September 1972, he was assigned to the 305th Supply and Service Company, Korea. 13. Item 32 of his DA Form 20 shows on or about 23 October 1973, he was in a casual status and he departed Korea for the continental United States. 14. Item 5 (Oversea Service) of his DA Form 2-1 shows he served in Korea during the period 30 June 1974 through 27 August 1976. His records are void of any additional evidence of this service in Korea. 15. On 30 August 1976, he was honorably discharged and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 for this period covered 7 years, 1 month, and 28 days of creditable active military service and shows in: * item10f (Foreign and/or Sea Service This Period) – he completed 4 years, 11 months, and 2 days of foreign service * item 27 (Remarks) – Last Country of Overseas Assignment: Korea 16. On 5 December 1978, he was honorably discharged from the U.S. Army Reserve for enlistment in the Regular Army. 17. On 5 December 1978, he enlisted in the Regular Army. 18. His DA Form 2-1 shows he served in Korea during the period 29 July 1981 through 28 July 1982 and he was assigned to the 61st Maintenance Company, Korea. 19. On 29 July1983, he retired due to permanent disability. Item 12f (Foreign Service) of his DD Form 214 shows he completed 1 year of foreign service. This DD Form 214 does not show the theater of his foreign service in item 18 (Remarks). 20. His records consistently show his service number/social security number as RA24XXXXX95. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. a.  The instructions stated a DD Form 214 would be issued at the time of separation regardless of the actual number of days served to each member of the Regular Army and Reserve Components (including Army of the United States without Component) called or ordered to active duty or active duty training for a period of 90 days or more. A DD Form 214 was also issued to Soldiers at the time of a change of status for the purpose of immediate reenlistment or extension of active duty. b.  The instructions also stated to enter the total period of active duty service performed outside the continental limits of the United States in item 22c and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)." c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in the remarks section of the DD Form 214 (items 18, 28, or 30 depending upon the year of the DD Form 214) as follows: "VIETNAM SERVICE: FROM (date) TO (date)." DISCUSSION: 1. The applicant contends his foreign service during the period 1967 to 1976 is not properly shown in his records. 2. Earlier regulations provided for the issuance of a DD Form 214 upon reenlistment or extension of enlistment periods. A review of his records show all of his DD Forms 214 correctly show his proper amount of foreign service time; however, his theater or country of foreign service was not accurately shown. 3. His DD Form 214 for the period ending 2 July 1969 covered a total period of 1 year, 10 months, and 4 days and included his 10 months and 11 days of foreign service. However, the theater of his foreign service, U.S. Army Pacific, was not listed in item 22 of his DD Form 214. 4. His DD Form 214 for the period ending 30 August 1976 covered a total period of 7 years, 1 month, and 28 days and included his 4 years, 11 months, and 2 days of foreign service. His foreign service in Korea is listed; however, his service in Vietnam is not shown on this DD Form 214. 5. His DD Form 214 for the period ending 29 July 1983 covered a period of 4 years, 7 months, and 25 days and included his 1 year of foreign service. Although his records show his foreign service was in Korea during the period covered on this DD Form 214, there were no provisions for listing the location of the foreign service unless it was Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002378 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002378 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2