IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110005883 


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) to reflect his total active service in block 22 (Statement of Service).

2.  The applicant states block 22 of his DD Form 214 shows he only served 6 months and 22 days of active service which is less than that shown for his foreign and/or sea service.  He deployed to Vietnam for over 1 year.

3.  The applicant provides copies of his DD Form 214, DD Form 4 (Enlistment Record – Armed Forces of the United States), and DA Form 20 (Enlisted Qualification Record).

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 U.S. Army Reserve (USAR) on 4 January 1967 for a period of 6 years and assignment to the USAR Control Group (Delayed).

3.  After serving in the USAR Control Group (Delayed) for 10 months and 8 days, he was ordered to active duty on 12 November 1967 for a period of 24 months.  He completed basic training at Fort Knox, Kentucky, and advanced individual training as a field artillery operations and intelligence assistant at Fort Sill, Oklahoma, before being transferred to Vietnam on 15 May 1968.  He was promoted to pay grade E-5 on 27 March 1969.

4.  He departed Vietnam on 2 June 1969 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) under Secretarial Authority on 2 June 1969.  Block 22a(1) (Net Service This Period) of his DD Form 214 issued at the time of his REFRAD reflects 6 months and 22 days; block 22a(2) (Other Service) reflects 0 years, 10 months, and 8 days; and block 22a(3) (Total) reflects 1 year, 5 months, and 0 days.  Block 22b (Total Active Service) reflects 6 months and 22 days and block 22c (Foreign and/or Sea Service) reflects 1 year, 0 months, and 19 days.

5.  A review of his records shows he served 1 year, 6 months, and 20 days of active service this period for a total of 2 years, 4 months, and 28 days of service.

6.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that information obtained from official records will be used to prepare the DD Form 214 and the DD Form 214 will reflect information that is current as of the date the DD Form 214 is issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and were found to have merit.  The applicant's DD Form 214 incorrectly reflects that he served 6 months and 22 days of active service during this period for a total of 1 year and 5 months of active service.

2.  The applicant served 1 year, 6 months, and 21 days of active service and10 months and 8 days of other (inactive Reserve) service for a total of 2 years, 4 months, and 29 days.  Accordingly, his DD Form 214 should be corrected to reflect this information.


BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending block 22 of his DD Form 214 to show:

* block 22a(1) – "1  6  21"
* block 22a(3) – "2  4  29"
* block 22b – "1  6  21"

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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.

ABCMR Record of Proceedings (cont)                                         AR20110005883



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ABCMR Record of Proceedings (cont)                                         AR20110005883



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