IN THE CASE OF: BOARD DATE: 26 January 2010 DOCKET NUMBER: AR20090012827 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 that item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected. 2. The applicant states that item 30 of his DD Form 214 reads "RVN [Republic of Vietnam] 14Jan69-30Jul70," but he left the Republic of Vietnam on 30 July 1969. He states he only spent 7 months in the Republic of Vietnam and then he was sent to Hawaii until his discharge on 1 July 1970. 3. The applicant provides a copy of his DD Form 214 with a separation date of 1 July 1970 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 was inducted into the Army of the United States on 7 August 1968. He successfully completed basic and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank he attained was sergeant/pay grade E-5. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 14 January 1969 through 30 July 1969 and that he was assigned to Company C, 4th Battalion, 39th Infantry, 9th Infantry Division as a rifleman. 4. His DA Form 20 shows he served in the U.S. Army Pacific-Hawaii from 31 July 1969 through 28 June 1970. He served with Company C, 100th Battalion, 442nd Infantry and with Company C, 2nd Battalion, 5th Infantry as a squad leader. 5. The applicant was honorably released from active duty on 1 July 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve service obligation. He was issued a DD Form 214 that shows he served on active duty for 1 year, 10 months, and 25 days with foreign service credit of 1 year, 4 months, and 17 days in the U.S. Army Pacific. 6. Item 30 of the applicant's DD Form 214 shows the entry "RVN 14Jan69-30Jul70." 7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. An earlier version of Army Regulation 635-5, in effect on 27 January 1970, provided that item 30 of the DD Form 214 would show the Soldier's inclusive dates of service in Vietnam during the current period of service. DISCUSSION AND CONCLUSIONS: Based on the evidence of record, the applicant's service in the Republic of Vietnam was from 14 January 1969 to 30 July 1969. It should be noted that both the Vietnam and Hawaii geographic locations were within the U.S. Army Pacific Command. Therefore, he is entitled to have his DD Form 214 corrected to show this service period as stated below. BOARD VOTE: _____X_ ___X____ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 deleting from item 30 "14JAN69-30JUL70" and adding "Service in Vietnam: "14JAN69 to 30JUL69." _______ _ _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) AR20090012827 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090012827 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1