ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  8 April 2019

	DOCKET NUMBER:  AR20190000615


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Armed Forces of 
the United States Report of Transfer or Discharge) for the period ending on 18 July 
1968 to show his service in Vietnam for the period of July 1966 to July 1967.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military 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, in effect, he served in Vietnam from July 1966 to July 1967 and 
this service is not reflected on his DD Form 214.  He was told that he did not serve in 
Vietnam and he does not understand why.

3.  The applicant enlisted in the Regular Army on 29 January 1963.  He was honorably 
discharged on 29 January 1965 for the purpose of immediate reenlistment.  He 
reenlisted on 30 January 1965. 

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification 
Record) shows he had foreign service in the Federal Republic of Germany while 
assigned to Headquarters and Headquarters Company and C Company, 2d Battalion, 
36th Infantry, 3d Armored Division under the U.S. Army Europe (USAREUR) command 
from on or about 22 May 1966 through on or about 1 May 1969.

5.  The applicant was honorably discharged on 18 July 1968 for the purpose of 
immediate reenlistment.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 
contains the entry "USAREUR 3 2 27" representing he had foreign service in US Army 
Europe for 3 years, 2 months and 27 days. 

6.  The applicant executed a Regular Army immediate reenlistment contract on 19 July 
1968 and was discharged on 8 November 1972.  Item 22c of his DD Form 214 contains 
the entry "USAREUR 0 9 13" representing he had foreign service in US Army Europe 
for 9 months and 13 days during the service period covered. 

7.  A review of his official military personnel file contained no evidence that he served in 
the Republic of Vietnam during the period he contends (July 1966 to July 1967) nor 
does it contain evidence he served at any time during his military service.  

8.  Army Regulation 635-5 (Separation Documents), dated 23 January 1967, states to 
enter for item 22c the total active duty outside 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, e.g., USAREUR.
BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contentions were carefully 
considered.  His record is absent any evidence he served in Vietnam, and he did not 
provide any evidence that shows he did serve there.  Based upon the evidence of 
record, the Board agreed there was no error or injustice in this case, and that the DD 
Form 214 is correct.

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.


ADMINISTRATIVE NOTE(S):

Not Applicable

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), dated 23 January 1967, prescribed 
the separation documents prepared for Soldiers upon retirement, discharge, or release 
from active military service or control of the Army.  

     a.  This regulation identified the DD Form 214 as a synopsis of the Soldier's most 
recent period of continuous active duty, providing a brief, clear-cut record of active Army 
service at the time of release from active duty, retirement or discharge.

     b.  Item 22c would contain the total amount of active duty served outside the 
continental limits of the United States during the period covered by the DD Form 214 
and the last overseas theater in which the service was performed, e.g., "Foreign and/or 
Sea Service (USAREUR) (United States Army Europe))."

3.  Effective 1 October 1979, military personnel who were discharged for the purpose of 
immediate reenlistment were no longer issued a separate DD Form 214.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190000615
	
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