IN THE CASE OF: BOARD DATE: 28 October 2021 DOCKET NUMBER: AR20210010799 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 January1977 to show: * the date he entered active duty as 17 June 1971 * medals he was awarded that are not shown APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552). FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 his DD Form 214 has the wrong original entry date and not all of his medals awarded to him are on his DD Form 214. This correction should be made because his date of enlistment is incorrect. His original date of enlistment is 17 June 1971 and he had a combat tour in Korea and was awarded medals. 3. His service record shows he enlisted in the Regular Army on 17 June 1971. 4. He was honorably discharged on 18 September 1973 for the purpose of immediate reenlistment. His DD Form 214 shows in: * item 16c (Date of Entry) – 17 June 1971 * item 22a(1) (Net Service This Period) – 2 years, 3 months, 2 days * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Armed Forces Expeditionary Medal (Korea) * item 30 (Remarks) – * Vietnam – No, Indochina – No, Korea – Yes * Reenlisted 5. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), 19 September 1973, shows he reenlisted on 19 September 1973 for a period of 5 years. * item 40 (Total Active Federal Service) shows he completed 2 years, 3 months, and 2 days of prior active service * item 49 (Prior Service) shows – * Date of Discharge – 18 September 1973 * Date and Term of Last Enlistment – 17 June 1971 for 3 Years 6. The Headquarters, Support Group U.S. Military Assistance Command Thailand General Orders 34, 5 August 1974, awarded him the Army Good Conduct Medal for the period 17 June 1971 through 17 June 1974. 7. The Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell General Orders 1739, 25 September 1975, awarded him the Army Commendation Medal for outstanding meritorious service for the period 24 October 1974 through 25 September 1975. 8. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: * item 5 (Overseas Service) – he received credit for overseas service in – * Korea – from 8 April 1972 through 9 May 1973 * Thailand – from 5 November 1973 through 4 October 1974 * Belgium – from 24 October 1975 through 13 October 1977 * item 9 (Awards, Decorations & Campaigns) – * National Defense Service Medal * Armed Forces Expeditionary Medal – Korea * Army Good Conduct Medal * Army Commendation Medal * item 20 (Basic Enlisted Service) – 17 June 1971 7. He was honorably discharged on 18 January 1977. His DD Form 214 for this period shows in: * item 15 (Date Entered Active Duty this Period) – 19 September 1973 * item 12a (Net Active Service this Period) – 3 years, 4 months * item 12b (Total Prior Active Service) – 2 years, 3 months, 2 days * item 12c (Total Active Service) – 5 years, 7 months, 2 days * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Army Good Conduct Medal * Army Commendation Medal * National Defense Service Medal BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found partial relief is warranted. 2. During the applicant's period of service, Soldiers were issued a DD Form 214 each time they were discharged for immediate reenlistment. As a result of this policy, the applicant was issued two DD Forms 214, one at the end of his initial enlistment and a second when he was discharged in 1977. The Board noted that, taken together, his two DD Forms 214 accurately capture his entire period of active duty service, and determined the entry date on the DD Form 214 issued in 1977 is correct. 3. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the corrections described in Administrative Note(s) below. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the entry date on the DD Form 214 for the period ending 18 January 1977. 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): The applicant was awarded or authorized the following medals that are not shown on his DD Form 214 for the period ending 18 January 1977: * Armed Forces Expeditionary Medal (Korea) * Korea Defense Service Medal REFERENCES: 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 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. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 2-14 (Vietnam Service Medal) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award. b. Paragraph 2-22 (Korea Defense Service Medal) states the Korea Defense Service Medal is authorized for award to Servicemembers of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Servicemembers qualified for the Armed Forces Expeditionary Medal by reason of service between 1 October 1966 and 30 June 1974, in an area for which the Korea Defense Service Medal was authorized subsequently, are eligible for both the Armed Forces Expeditionary Medal and the Korea Defense Service Medal. 4. Army Regulation 635-5 (Separation Documents), 23 May 1972, prescribed the separation documents that will be furnished each individual who is separated from the Army and established standardized procedures for preparation and distribution of those documents. At the time of the applicant's service, Soldiers were issued a DD Form 214 each time they were discharged for immediate reenlistment. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214, including the DA Form 20 and orders. Instructions for entries on the DD Form 214 include for: a. Item 24 – enter from section 9 (Awards, Decorations & Campaigns), DA Form 20 (Enlisted Qualification Record) all decorations, service medals, campaign credits, and badges awarded or authorized. b. Item 30 stated to indicate Indochina and Korea service performed 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 entry 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." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010799 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1