BOARD DATE: 3 September 2009 DOCKET NUMBER: AR20090006526 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 correction of item 18f (Foreign and/or Sea Service This Period) on his DD Form 214 (Report of Separation from Active Duty). 2. The applicant states that he spent 12 months in Vietnam and 16 months in Alaska. He contends that he went from advanced individual training to Vietnam and from there to Alaska which at that time was considered an overseas tour. 3. The applicant provides a copy of his DD Form 214 in support of his application. 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 enlisted in the Regular Army (RA) on 14 January 1971 and trained as an aviation mechanic. On 11 January 1974, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. 3. Item 18f of the applicant's DD Form 214 shows he served 1 year, 4 months, and 6 days of foreign service. Item 19 (Indochina or Korea Service Since August 5, 1964) of his DD Form 214 shows an "X" in the "Yes" block and the entry "6 Sep 71 to 2 Aug 72." 4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 6 September 1971 to 2 August 1972 (10 months and 28 days) and he served in Alaska from 6 September 1972 to 11 January 1974 (1 year, 4 months, and 6 days). 5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that, for item 18, all service shown in 18(a) through (f) would be less time lost under Title 10, U.S. Code, section 972 and time lost subsequent to expiration term of service. It also stated that, for item 19, for Vietnam service place an x in the "yes" block and show specific dates of service. DISCUSSION AND CONCLUSIONS: 1. Although the applicant contends that he spent 12 months in Vietnam, evidence of record shows he served in Vietnam from 6 September 1971 to 2 August 1972 (10 months and 28 days) which is properly reflected in item 19 on his DD Form 214. 2. Evidence of record shows the applicant served in Alaska from 6 September 1972 to 11 January 1974 (1 year, 4 months, and 6 days) which is properly shown in item 18f on his DD Form 214. 3. However, it would be appropriate to correct item 18f to also include his service in Vietnam. Therefore, item 18f on his DD Form 214 should be corrected to show he served 2 years, 3 months, and 4 days of foreign service. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ____x___ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 deleting from item 18f of the applicant's DD Form 214 the entry "1 4 6" and replacing it with the entry "2 3 4." 2. The Board further determined that 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 amending item 18f to show he served 12 months in Vietnam. ___________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. ABCMR Record of Proceedings (cont) AR20090006526 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090006526 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1