IN THE CASE OF: BOARD DATE: 2 January 2014 DOCKET NUMBER: AR20130007925 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) to show three overseas service bars. 2. He states: a. He can only speculate that credit for Overseas Service Bars was miscalculated when it was entered into his military records. His DD Form 214 shows his periods of overseas service from 30 June 1965 through 4 April 1966 and 15 February through 27 August 1968. Adding these periods based on month of arrival and month of departure shows he should be given credit for 11 months of overseas service for his first tour and 7 months for his second tour with an accumulated total of 18 months. These calculations are based on the provisions of Army Regulation (AR) 670-1 (Wear and Appearance of Army Uniforms and Insignia) and AR 614-30 (Overseas Service). b. He wants his DD Form 214 adjusted to reflect the correct number of overseas bars authorized. He wears his uniform on appropriate occasions and would like other fellow Soldiers and veterans to know that he was credited with more than 12 months overseas service. Additionally, his son and grandson are both combat infantry veterans of our most recent wars. His son is a retired command sergeant major (CSM) and his grandson is a sergeant (SGT) with plans on making the military a career. He would like for them and for future generations of his family to have the correct information 3. He provides copies of: * his DD Form 214 * excerpt of AR 670-5 * excerpt of AR 614-30 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 appointed as a Reserve commissioned officer with concurrent call to active duty on 25 June 1963. He served in a variety of stateside or overseas assignments, he attained the rank of major (MAJ), and he retired from active duty in 1976. 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in item 5 (Oversea Service) he served in Vietnam from 30 June 1965 through 4 April 1966 and from 15 February through 27 August 1968. Two Overseas Service Bars are listed among his authorized awards. 4. His DD Form 214 lists two Overseas Service Bars among his authorized awards. 5. Army Regulation 670-1 governs the requirements for the overseas service bar. It states a bar is authorized for wear for each period of active Federal service for the specific time frames and areas of operation. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. DISCUSSION AND CONCLUSIONS: 1. The applicant is authorized three overseas bars for his service in Vietnam. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. His service from 30 June 1965 through 4 April 1966 should count as 11 months, and his service from 15 February through 27 August 1968 should count as 7 months. For the purposes of the Overseas Service Bar he served a total of 18 months in Vietnam and he is authorized one Overseas Service Bar for each 6 month period. 2. Therefore, his DD Form 214 should be corrected to show three Overseas Service Bars for his service in Vietnam. BOARD VOTE: ____X___ ____X___ ___X__ _ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 deleting from his DD Form 214 for the period ending 31 July 1976 the entry two Overseas Bars and replacing it with the entry three Overseas Service Bars. _______ _ 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) AR20100029337 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130007925 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1