IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150011657 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x ___ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150011657 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________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. IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150011657 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or discharge) to show he served on continuous active duty, from 28 September 1964 through 10 May 1970, and to show his numerous foreign service deployments to the Republic of Vietnam. 2. The applicant states, in effect, all of his service was "full time"; there wasn't any Reserve time. His service in the Republic of Vietnam is not shown, although he went back and forth to Vietnam for five and a half years. His files are missing and his service dates do not add up. 3. The applicant provides a copy of his DD Form 214. 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, and 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 11 May 1964. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he enlisted for a period of six years. 3. A DD Form 220 (Active Duty Report), dated 30 September 1964, shows the applicant reported for active duty training at Fort Devens, Massachusetts on 28 September 1964. 4. He was released from active duty on 2 March 1965 and returned to the control of the USAR. The DD Form 214 he was issued shows he was ordered to active duty for training (ACDUTRA) and he served on ACDUTRA from 28 September 1964 to 2 March 1965. 5. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he performed annual active duty for training (ANACDUTRA), in July or August of each year between 1965 and 1969, in increments of between 14 and 17 days. 6. Special Orders Number 123, issued by Headquarters, First United States Army, Fort George G. Meade, Maryland on 3 May 1970, ordered the applicant's honorable discharge from the USAR on 10 May 1970, by reason of expiration of term of service. 7. The applicant's record is void of any evidence he completed a period of foreign service, either in the Republic of Vietnam or elsewhere. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 was to be issued to each Reserve component member who was called or ordered to ACDUTRA for a period of 90 days or more. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show he served on continuous active duty, from 28 September 1964 through 10 May 1970, and to show his numerous foreign service deployments to the Republic of Vietnam. 2. The evidence of record shows the applicant enlisted in the USAR and was ordered to ACDUTRA for a period of 5 months and 5 days. He was issued a DD Form 214 showing this period of ACDUTRA. Throughout the remainder of his period of USAR service, he performed short periods of ACDUTRA on an annual basis, usually between 14 and 17 days in duration. There is no evidence his active service exceeded 90 days at any time during his period of USAR service, aside from his initial period of ACDUTRA in 1964 and 1965. 3. The applicant's record is void of any evidence he completed a period of foreign service, either in the Republic of Vietnam or elsewhere. 4. Based on the foregoing, there is no evidence of error or injustice in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011657 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011657 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2