ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  5 September 2019

	DOCKET NUMBER:  AR20190007052


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge), item 22c (Foreign and/or Sea Service) for the 
period ending on 1 September 1971 to show his foreign service in Vietnam.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214

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 that his DD Form 214, item 22c does not show he has any 
foreign service.  He earned a Vietnam Service Medal and the Vietnam Campaign Medal 
while serving in Vietnam.

3.  On 6 April 1970, the applicant was inducted into the Army of the United States.

4.  His DD Form 214 for the period ending on 1 September 1971, reflects the following 
information:

*	item 22c is blank
*	item 26a ((Non-Pay Periods Time Lost) – states, “See Item 30” 
*	item 30 (Remarks) states, “130 days lost under Title 10, United States Code 
[U.S.C.], Section 972; from 8 Feb 71 thru 7 Apr 71; 14 Apr 71 thru 23 Jun 71” 

5.  His DA Form 20 shows the following:

a.	Item 31 (Foreign Service) – he was assigned to U.S. Army Pacific (USARPAC) – 
Thailand from 5 November 1970 through 4 November 1971.
b.	item 38 (Record of Assignments):

*	on 14 October 1970, he was enroute to USARPAC
*	he was assigned to Company C, 809th Engineering Battalion, USARPAC 
from 10 November 1970 to 4 February 1971
*	on 5 February 1971, he was assigned to the 96th Transportation Company in 
      Fort Hood, TX

c.	Item 44 (Time Lost Under Section 972, Title 10, USC and Subsequent to Normal 
Date Expiration Term of Service (ETS)) reflects he was absent without leave (AWOL) 
for the following periods:

*	8 February 1971 to 7 April 1971 – 59 days AWOL and Dropped from Rolls 
(DFR)
*	14 April 1971 to 14 April 1971 – 1 day AWOL
*	15 April 1971 to 23 June 1971 – 70 days DFR

6.  Special Orders Number 181, issued by Headquarters 1st Infantry Division (Mech) 
and Fort Riley, Fort Riley, KS, dated 30 June 1971 shows that on 24 June 1971, he 
returned to military control in Fort Sheridan, IL. and on 29 June 1971, he was assigned 
to the Personnel Control Facility in Fort Riley, KS.

7.  Army Regulation 635-5 (Separation Documents), states:

a.	For item 22c, enter 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.  The applicant’s DD Form 214, item 22c is blank.  It does 
not list the overseas area to which he was assigned.

b.	For item 26a, enter inclusive dates of non-pay periods/time lost during the 
preceding 2 years.  He was AWOL a total of 130 days.

c.	For item 30, service in Indochina and Korea on or after 5 August 1964, enter the 
inclusive dates of service for Vietnam and indicating "yes" or "no" for service in 
Indochina and Korea.  Where the record reflects assignment to an organization in 
Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.  To show 
service in Vietnam only, enter "Vietnam-25 Apr 70 through 28 May 71, Indochina- yes, 
Korea-no."  Item 30 of his DD Form 214 shows the entry, “130 days lost under Title 10, 
United States Code, Section 972; from 8 Feb 71 thru 7 April 71; 14 Apr 71 thru 23 Jun 
71”.  It appears he served in USARPAC – Thailand from 5 November 1970 to 
4 February 1971, the date he returned to the continental United States, a period of 
2 months and 29 days.

8.  On 1 September 1971, he was honorably discharged due to hardship.  He completed 
1 year and 16 days of active duty service.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s record of service, his 
assignment history, the nature and location of his misconduct, the reason for his 
separation and the entries on his DD Form 214.  The Board found that he did spend 
time in USARPAC and that it was not recorded DD Form 214.  Based on a 
preponderance of evidence, the Board determined that an error occurred when the 
applicant was separated and a correction is required. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


















BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by amending the applicant’s 
DD Form 214 for the period of service ending 1 September 1971 as follows:
-	item 22.c. (Foreign and/or Sea Service) – “USARPAC”,  “0-2-29”
-	item 30 (Remarks) -  Indochina – Yes, 5 November 1970 to 4 February 1971



	  
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, states for:

a.	 Item 22c, enter total active duty outside continental limits of the United States for 
the period covered by the DD Form 214 and the last oversea theater in which service 
was performed, e.g., "Foreign and/or Sea Service ( USAREUR).”

b.	Item 26a, enter inclusive dates of non-pay periods/time lost during the preceding 
2 years.  

c.	Item 30, the "Remarks" section will be used to complete entries too long for their 
respective blocks.  When used for cross reference, the item number must precede the 
continued information.  

d.	If the individual lost any time prior to normal ETS as indicated in section 6, 
DA Form 20, enter the total number of days lost with inclusive dates.  Example: "4 days 
lost under 10 U.S.C. 972 from 10 Nov 68 thru 13 Nov 68."  Any time lost subsequent to 
normal ETS will be shown separately.  Example: "2 days lost subsequent to normal ETS 
from 10 Nov 68 thru 11 Nov 68."

e.	Indicate Indochina and Korea service on or after 5 August 1964 by entering 
inclusive dates of service for Vietnam and indicating "yes" or "no" for service in 
Indochina and Korea.  Where the record reflects assignment to an organization in 
Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. Sample 
entries are as follows: To show service in Vietnam only, "Vietnam-25 Apr 70 thru 
28 May 71, Indochina-yes, Korea -no"; to show service in Indochina (other than 
Vietnam) only, "Indochina-yes, Vietnam - no, Korea-no"; to show service in Korea only, 
Indochina-no, Vietnam-no, Korea-yes."


ABCMR Record of Proceedings (cont)	AR20190007052
	
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