IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150004916 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 show his creditable military service and foreign service. 2. The applicant states he served in the U.S. Army in the Republic of Vietnam. He was separated on 12 March 1969. He states that item 22 (Statement of Service) of his DD Form 214 shows the entry "None" and should be corrected so that he can provide evidence of his military service. 3. The applicant provides no documentary evidence in support of his application. 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. A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States (AUS) on 12 July 1967. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 11 (Enlisted, Inducted, Reenlisted, Extended, and/or Ordered to Active Duty – Format: Component/Effective Date/Length/Expiration Date): AUS, 12 July 1967, 2 Years, 11 July 1969 * item 31 (Foreign Service), he served overseas in the U.S. Army Pacific (USARPAC), Vietnam, from 15 March 1968 through 11 March 1969 * item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date of Expiration Term of Service), is blank (no entries) 4. The applicant's DD Form 214 shows in: * item 10 (Selective Service Data), block c (Date Inducted): 12 July 1967 * item 11 (Transfer or Discharge Data), block d (Effective Date): 12 March 1969 * item 13a (Character of Service): Honorable * item 22 (Statement of Service) – * block a (Creditable for Basic Pay Purposes), no entries indicating creditable service, as follows – * line 1 (Net Service This Period), no entry (is blank) * line 2 (Other Service), the entry "None" * line 3 (Total), no entry (is blank) * block b (Total Active Service), no entry (is blank) * block c (Foreign and/or Sea Service): "USARPAC" with no other entry * item 30 (Remarks), no entry for service in the RVN 5. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. a. It also established standardized policy for preparing and distributing the DD Form 214. b. It states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. Item 22 provides detailed instructions for computing creditable service for basic pay. It shows for: * block a – * line 1, enter the total service completed between the inclusive dates of the current tour of duty * line 2, enter all prior service excluding any service show in item 22, block a, line 1 * line 3, enter the total service by adding lines 1 and 2 * block b, enter the total active service completed beginning with the earliest period of active service up to and including the current period of active duty, less any period served in the Army National Guard or U.S. Army Reserve not on active duty, and less time lost * block c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed (e.g., "Foreign and/or Sea Service (USARPAC)" c. During the Vietnam-era, a regulatory provision was introduced pertaining to the Remarks section of the DD Form 214 that provided for entering inclusive dates of service in Vietnam during the current period of service. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show his creditable military service and foreign service because it is blank (no entries). 2. The evidence of record shows that the applicant served on active duty from 12 July 1967 through 12 March 1969 (with no time lost) and he also served in the RVN from 15 March 1968 through 11 March 1969. There is no evidence of record of any other military service. a. A calculation of the applicant's creditable military service during the period of service under review shows the following: 1969 03 12 date released from active duty - 1967 07 12 date inducted/entered active duty this period = 01 08 00 + 1 day inclusive = 01 08 01 net active service this period (item 22, block a, line 1) b. A calculation of the applicant's foreign service shows the following: 1969 03 11 returned CONUS from overseas - 1968 03 15 departed CONUS for overseas service = 00 11 26 + 1 day inclusive = 00 11 27 foreign service (item 22, block c) 3. Based on the evidence of record and in view of the foregoing, it would be appropriate at this time to correct the applicant's DD Form 214 to show his creditable military service and foreign service, as recommended below. 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 correcting his DD Form 214 by: a. deleting from item 22, block a, line 2, the entry "None" and b. adding the following entries to item 22: * block a (Years - Months - Days) – * line 1: "01 08 01" * line 2: "00 00 00" * line 3: "01 08 01" * block b: "01 08 01" * block c: "00 11 27" c. adding to item 30 the entry: "Vietnam Service: 15 March 1968 through 11 March 1969." _______ _ _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) AR20150004916 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004916 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1