ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 August 2019 DOCKET NUMBER: AR20170006226 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 18 September 1979, to show his foreign service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, ending on 18 September 1979 * DA Form 2-1 (Personnel Qualification Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he completed many overseas tours, including Korea, Vietnam, and Germany. 3. Review of the applicant’s service records shows: a. Having had prior service in the U.S. Army Reserve, he enlisted in the Regular 24 February 1961. b. His DA Form 2-1 show she served through multiple reenlistments in a variety of stateside or overseas assignments (either in deployment status or permanent change of station (PCS) status) including: * Germany, 7 March 1961 to 11 February 1964, PCS * Korea, 7 March 1965 to 4 April 1966, PCS * Vietnam, 10 August 1967 to 5 September 1969, Deployment * Vietnam, 27 October 1970 to 16 April 1972, Deployment * 23 February 1976 to 19 March 1979, PCS c. Until 1 October 1979, the Army issued a separate DD Form 214 for each period of enlistment, reenlistment, or induction. His DD Form 2114 (Armed Forces of the United States Report of Transfer or Discharge) for the period 13 February 1967 to 19 September 1973 shows in: * Block 22c (Foreign and/or Seas Service), 3 years, 4 months, and 14 days of foreign service * Block 32 (Remarks), shows his deployment to Vietnam from 10 August 1967 to 5 September 1969 and from 27 October 1970 to 16 April 1972 d. He last reenlisted on 18 September 1979. He was assigned to Fort Lewis, WA at the time. He retired on 31 July 1980. His retirement DD Form 214, covering the period 18 September 1979 to 31 July 1980 does not reflect any foreign service. 4. By regulation (AR 635-5), the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of separation. a. Until 1 October 1979, the Army issued a separate DD Form 214 for each period of induction, enlistment, or reenlistment. The information on each separate DD Form 214 reflected the conditions as they existed at the time of separation. b. All versions of the DD Form 214 over the years required an entry of the total amount of foreign service completed during the period covered by the DD Form 214. In eth applicant’s case, his retirement DD Form 214 covered the period 18 September 1979 to 31 July 1980. He did not perform any foreign service during the period covered by this DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. His separation documents issued for immediate reenlistments show the foreign service he completed during the period. His DD Form 214 issued at the time of his retirement correctly reflects no foreign service as he was not assigned overseas during the period covered. The Board agreed there was no error or injustice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of separation. The regulation in effect at the time of his separation stated for item 22c or 24 or 12f (depending on the version in effect) - enter the total amount of foreign service completed during the period covered by the DD Form 214. 3. A later version of Army Regulation 635-5 provided for a similar entry for foreign service in item 12f, but in item 18 (Remarks), it required for an active duty Soldier the entry "Service in (Name of Country Deployed) From (specify dates)." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170006226 3 1