BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160014961 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 BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160014961 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. BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160014961 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, the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 25 May 1997: a. item 12a (Date entered AD This Period) to show "8 March 1969" instead of 8 March 1977," and b. item 18 (Remarks) to reflect his Vietnam service dates as January 1970 to October 1971. 2. The applicant states in effect, his DD Form 214 should reflect the correct date of his entry on active duty and his two tours of service in Vietnam from January, 1970 to October, 1971, be added to his DD Form 214. 3. The applicant provides a copy of his DD Form 214 for the period ending on 25 May 1997. 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 inducted in to the Army of the United States on 23 January 1969. His DD Form 214 for the period ending on 27 January 1969, shows he was honorably discharged for immediate enlistment in the Regular Army. 3. He enlisted in the regular Army on 28 January 1969. a. His DA Form 20 (Enlisted Qualification Record) shows that during the period of this enlistment, the applicant served in Vietnam from 17 January 1970 to 3 June 1971. b. The applicant was honorably discharged for immediate reenlistment in the Regular Army on 3 June 1971. Item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 3 June 1971 contains the entries "USARV (U.S. Army Vietnam)" and shows he completed 1 year, 4 months, and 17 days of foreign service. 3. The applicant was assigned to Vietnam when he reenlisted in the Regular Army on 4 June 1971. a. His DA Form 20 shows, during the period of this enlistment, he served in Vietnam from 4 June 1971 to 15 October 1971. b. The applicant was honorably discharged for immediate reenlistment in the Regular Army on 7 March 1977. (1) Item 18f (Foreign and/or Sea Service) of his DD Form 214 for the period ending on 7 March 1977 shows he completed 4 months and 12 days of foreign service. c. Item 19 (Indochina or Korea service since August 5, 1964) contains an "X" in the "Yes" block to reflect Vietnam service and lists the full period of the applicant's service in Vietnam as, "17 Jan 70 to 15 Oct 71." d. The applicant was honorably discharged on 7 March 1977 for immediate reenlistment in the Regular Army. 4. The applicant reenlisted in the Regular Army on 8 March 1977. There is no indication that he served in Vietnam during the period of this enlistment, subsequent reenlistment or extensions. 5. The applicant's DD Form 214 shows he entered active duty this period on 8 March 1977 and he was honorably retired on 25 May 1997. His DD Form 214 does not contain an entry in item 12f (Foreign Service) nor does this form contain any entries pertaining to the applicant's service in Vietnam. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), dated 23 January 1967 prescribes the separation documents that are furnished to individuals who are retired, discharged, or released from active military service. This regulation also states: a. a DD Form 214 will be issued at the time of discharge for each member of the Regular Army. b. in item 22c, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed [such as USARV to denote Vietnam service]. 2. Army Regulation 635-5, dated 20 August 1973 prescribes the separation documents that are furnished to individuals who are retired, discharged, or released from active military service. This regulation also states: a. a DD Form 214 will be issued to all personnel at the time of retirement, discharge, or release from the Active Army, including each member who, while on active duty, changes status and remains on active duty in a new status. b. in item 19, for Vietnam service, place an "x" in the "yes" block and show the specific dates of service. 3. Army Regulation 635-5, dated 15 August 1979 prescribes the separation documents, which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. This regulation states: a. a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army. b. in item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period). DISCUSSION: 1. The applicant requested his DD Form 214 for the period ending 25 May 1997 be corrected to reflect his entry on active duty and his foreign service in the Republic of Vietnam. 2. The applicant was issued four DD Forms 214 during his military career. During the period of his military service, the applicable regulations required the issuance of a DD Form 214 upon a Soldiers discharge. At the time, Soldiers were discharged at the completion of their enlistments. Soldiers who reenlisted continuously would receive a DD Form 214 to cover each enlistment. 3. The applicant contends that he first entered active duty on 8 March 1969; however, his military record, to include his first DD Form 214, shows his initial date of entry onto active duty as 23 January 1969. He was subsequently discharged for immediate enlistment in the Regular Army on 27 January 1969. He was properly issued a DD Form 214 to capture this active duty service, as required by the regulation in effect at the time. 4. His second period of active duty service began on 28 January 1969 and ended on 3 June 1971, when he was discharged for immediate reenlistment. During this period, he served in Vietnam. His record shows he served in Vietnam from 17 January 1970 to 3 June 1971 and his DD Form 214 records this service by showing he served in USARV for 1 year, 4 months, and 17 days. The Entry on this form was in compliance with the applicable regulation at that time, as it reflects the Vietnam service he completed during the period of this enlistment. 5. He reenlisted for his third period of service, on 4 June 1971, while he was in Vietnam. During this period, he served in Vietnam from 4 June 1971 to 15 October 1971. He was honorably discharged for immediate reenlistment on 7 March 1977. The entries on his DD Form 214, pertaining to his foreign service were in compliance with the applicable regulation in effect at the time. The entries show he completed 4 months and 12 days of foreign service and show he served in Vietnam from 17 January 1970 to 15 October 1971. 6. His fourth, and final period of service began on 8 March 1977. He did not complete any foreign service during the period of this service, nor does his DD Form 214 record any for this period. He was honorably retired on 25 May 1997. During the period covered by this DD Form 214, the regulation stated that only foreign service completed during the period covered by the DD Form 214 would be entered on the form. 7. The evidence of record shows the entries on the applicant's DD Forms 214 are correct and comply with the applicable regulation in effect at the time. There is no evidence of an error or an 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) AR20160014961 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014961 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2