IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150012537 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: 18 August 2016 DOCKET NUMBER: AR20150012537 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: 18 August 2016 DOCKET NUMBER: AR20150012537 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 (Certificate of Release or Discharge from Active Duty) ending 27 June 1985 to show he entered active duty on 1 July 1974. He also requests replacement medals including the unit crest for the 1st Battalion, 29th Infantry. 2. The applicant states his service totals are correct, but his DD Form 214 does not clearly show he is a Vietnam era veteran. 3. The applicant provides copies of– * DD Form 214 for the period 1 July 1974 through 14 October 1976 * DD Form 214 for the period 15 October 1976 through 27 June 1985 * National Archives and Records Administration Certificate of Military Service, dated 6 July 2015 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. Service medals and awards are not issued by the ABCMR. However, the applicant may obtain replacement medals by submitting his request on a Standard Form 180 or in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. This issue will not be further addressed in this Record of Proceedings (ROP). At a minimum, all requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request. All requests must be signed and dated. 3. A DD Form 4 (Enlistment Contract- Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA) on 1 July 1974. 4. A DD Form 214 shows he was discharged on 14 October 1976 for the purpose of immediate reenlistment. He had completed 2 years, 3 months, and 14 days of total service for pay. 5. He reenlisted in the RA on 15 October 1976 for a period of 4 years. 6. A DD Form 214 shows he was honorably discharged on 27 June 1985. He had completed 8 years, 8 months, and 13 days of net active duty during the period covered by this DD Form 214 and 2 years, 3 months, and 14 days of total prior active duty service. 7. There is no available evidence that the applicant served in Vietnam. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. 2. Title 38, U.S. Code, Section 101, defines the term "Vietnam Era" as the period beginning on 28 February 1961 and ending on 7 May 1975 in the case of a veteran who served in the Republic of Vietnam during that period; and the period beginning on 5 August 1964 and ending on 7 May 1975 in all other cases. DISCUSSION: 1. The available evidence shows the applicant enlisted in the RA on 1 July 1974 and was issued a DD Form 214 when he was separated on 14 October 1976 for immediate reenlistment. 2. He reenlisted in the RA on 15 October 1976 and was honorably discharged on 27 June 1985. The DD Form 214 for that period correctly shows in item 12a (Date Entered Active Duty This Period): 15 October 1976. 3. The regulation governing the preparation and processing of the DD Form 214 in effect at the time did not provide for an entry documenting the era in which a veteran had served. The applicant should note, however, that the Vietnam era is defined in U.S. Code. The dates of service recorded on his DD Form 214 for the period ending 14 October 1976 should be sufficient to establish that he served during the Vietnam era as defined in U.S. Code. There is no basis for correcting his record to specify that he served during the Vietnam era. 4. His DD Forms 214 correctly reflect his service. 5. The unit crest (Distinguished Unit Insignia) (DUI) is not a medal or award. It is a uniform item governed by Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia). Former service members may purchase DUIs through a commercial source. This issue will not be further addressed in this ROP. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012537 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012537 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2