IN THE CASE OF: BOARD DATE: 17 October 2013 DOCKET NUMBER: AR20130004213 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 September 1971, be corrected to reflect his foreign service in Vietnam. 2. The applicant states that his DD Form 214 does not reflect his foreign service in Vietnam. 3. The applicant provides a copy of his DD Form 214, dated 23 September 1971. 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 18 January 1968 for a period of 3 years and training as a military policeman. He completed basic training at Fort Polk, Louisiana and advanced individual training at Fort Gordon, Georgia and he was transferred to Fort Wolters, Texas for his first duty assignment. 3. On 6 October 1968, he was transferred to Vietnam for assignment to the 9th Military Police Company. He was promoted to the rank of sergeant on 1 May 1969 and he departed Vietnam on 28 September 1969 for assignment to Fort Hood, Texas. 4. On 30 March 1970, he was honorably discharged for the purpose of immediate reenlistment and he should have been issued a DD Form 214 covering the period from 18 January 1968 to 30 March 1970. However, a copy of that DD Form 214 is not present in the available records. 5. On 31 March 1970, he reenlisted for a period of 6 years. 6. On 23 September 1971, he was honorably discharged under the provisions of Army Regulation 635-200 as a conscientious objector. The DD Form 214 issued at the time of discharge reflects no foreign service. 7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time provided that a DD Form 214 would be issued for individuals who were discharged for immediate reenlistment. That regulation also provides that only foreign service performed during the period covered by the DD Form 214 would be entered on that form. Effective 1 October 1979 the regulation was changed to eliminate the issuance of a DD Form 214 for immediate reenlistments. A break in service in excess of 24 hours required that a DD Form 214 be issued from that point and continues to present day. A DD Form 214 may not be issued to cover a period of service already documented by a previously-issued DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his DD Form 214 dated 23 September 1971 should be corrected to reflect his service in Vietnam has been noted. 2. The applicable regulation provides that only foreign service performed during the period covered by the DD Form 214 will be entered on that form. The applicant served in Vietnam during the period 6 October 1968 – 25 September 1969 which was prior to the period of the DD Form 214 in question. Accordingly, his service in Vietnam cannot be entered on the DD Form 214 requested by the applicant. 3. Although there is no copy of his DD Form 214 issued at the time of his immediate reenlistment in the available records, a DD Form 214 should have been issued for his service during the period 18 January 1968 to 30 March 1970 and that DD Form 214 should contain evidence of his foreign service. 4. Accordingly, there appears to be no basis to grant the applicant’s request to add his foreign service to his DD Form 214 dated 23 September 1971. 5. However, in the event the applicant does not have a copy of his first DD Form 214, an appropriate document should be prepared now to show the applicant served in Vietnam during the period 6 October 1968 – 25 September 1969. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ____X____ ____X____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned by issuing to him an appropriate document showing he served in Vietnam during the period 6 October 1968 – 25 September 1969. 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 showing his Vietnam service on his DD Form 214 for the period ending 23 September 1971. _______ ____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) AR20130004213 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130004213 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1