Search Decisions

Decision Text

ARMY | BCMR | CY2004 | 20040002633C070208
Original file (20040002633C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 March 2005
      DOCKET NUMBER:  AR20040002633


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |MR. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr.  John E. Denning              |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction to the date of induction
and Vietnam service dates contained on his separation document (DD Form
214).

2.  The applicant states, in effect, that he served in Vietnam for 10
months and that he was inducted on 13 March 1968.

3.  The applicant provides a statement in support of claim (VA Form 21-
4138) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 2 June 1970.  The application submitted in this case was
received on 10 June 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of a Record of Induction (DD Form 47).  This document confirms the
applicant was inducted into the Army and entered active duty on 13 March
1968.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
arrived in the Republic of Vietnam (RVN) on 18 January 1969.  It further
shows that he served in the RVN until 9 November 1969, at which time he was
medically evacuated and reassigned to Japan.
5.  The applicant’s MPRJ also contains a copy of a United States Army
Vietnam (USARV) Message that directed the applicant’s reassignment to the
Medical Holding Detachment (MHD), 249th General Hospital, Japan on 9
November 1969.  There is also a casualty progress report message on file
that confirms this reassignment.

6.  On 2 June 1970, the applicant was honorable separated after completing
2 years, 2 months and 20 days of active military service.  The DD Form 214
he was issued contains the date 29 May 1947, the applicant’s date of birth,
in Item 10c (Date Inducted).  Item 22c (Foreign and/or Sea Service)
contains an entry indicating the applicant served overseas for 1 month and
15 days.   Item 30 (Remarks) contains the entry “SERVED IN VIETNAM FOR THE
PERIOD 22 JAN 69-6 MAR 69”, which indicates he served in the RVN from 22
January 1969 through 6 March 1969.

7.  On 9 June 2004, a correction to the applicant’s DD Form 214 (DD Form
215) was published by the National Archives and Records Administration
(NARA).  This document corrected Item 10c of the applicant’s DD Form 214 to
read
13 March 1968.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was inducted into the
Army and entered active duty on 13 March 1968.  It also shows that a DD
Form 215 was recently published by the NARA that corrected Item 10c of the
applicant’s
DD Form 214 to show his correct induction date of 13 March 1968.
Therefore, no further correction is required on this matter.

2.  The applicant’s DA Form 20 and documents on file in his MPRJ verify
that he served in the RVN from 18 January 1969 through 9 November 1969, at
which time he was medically evacuated and reassigned to Japan.  Therefore,
it would appropriate to correct the applicant’s DD Form 214 to show the
correct period of overseas service he completed and the correct dates of
his RVN service.
BOARD VOTE:

___JED__  ___JRS_  ___MJF _  GRANT 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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending Item 18 of his DD Form 214 by
deleting the current entry in Item 22c and replacing it with an entry
showing the applicant completed 9 months and 29 days of foreign service; by
deleting the current entry pertaining to his Vietnam service in Item 30 and
replacing it with and entry showing the applicant served in Vietnam from 18
January 1969 through
9 November 1969; and by providing him a corrected separation document that
reflects these changes.




            ____John E. Denning_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040002633                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/06/02                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2008 | 20080005682

    Original file (20080005682.txt) Auto-classification: Approved

    The applicant requests, in effect, that his separation document (DD Form 214) be corrected to reflect his overseas service in the Republic of Vietnam (RVN). The version of the regulation in effect at the time of the applicant's separation stipulated that overseas service completed during the period covered by the DD Form 214 would be entered in Item 22c, and that an entry documenting RVN service would be entered in Item 30. Although the specific date the applicant arrived in the RVN cannot...

  • ARMY | BCMR | CY2007 | 20070012384C080407

    Original file (20070012384C080407.doc) Auto-classification: Denied

    The applicant's Military Personnel Records Jacket (MPRJ) is void of a DD Form 214 issued for his AUS service between 10 July 1968 and 9 July 1970, and of any orders awarding the applicant the BSM during his active duty tenure. Item 22c of the applicant's 17 July 1970 DD Form 214 shows he completed 8 days of active duty service during the period covered by the separation document (10-17 July 1970) and Item 22a(2) shows he completed 2 years of prior active duty service and Item 22b (Total...

  • ARMY | BCMR | CY2014 | 20140017170

    Original file (20140017170.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * in item 10c (Date Inducted) 27 February 1969 * in item 22c (Foreign and/or Sea Service) his service in the Republic of Vietnam (RVN) * award of the Vietnam Service Medal 2. Therefore, it would be appropriate at this time to award him this medal for this period of service and correct his DD Form 214 to show the medal. Therefore, his DD Form 214 should be...

  • ARMY | BCMR | CY2003 | 2003087636C070212

    Original file (2003087636C070212.rtf) Auto-classification: Approved

    The evidence of record provides no confirmation that the applicant was ever recommended for and/or awarded the ARCOM by the proper authority. Lacking any derogatory information on file that would disqualify him from receiving the AGCM, or a specific disqualification from any of the active duty unit commanders for whom he served, the Board finds that he is entitled to the first award of the AGCM based on his qualifying period of honorable active duty service from 13 March 1968 through 4...

  • ARMY | BCMR | CY2011 | 20110005557

    Original file (20110005557.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Item 41 (Awards and Decorations) includes the following list of awards: * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * PH * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 6. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the...

  • ARMY | BCMR | CY2012 | 20120000653

    Original file (20120000653.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * item 3 (Social Security Number (SSN)) his SSN as "XX3-XX-XXX4" * item 22c (Foreign and/or Sea Service) his total foreign service * item 30 (Remarks) his first tour of duty in the Republic of Vietnam (RVN) 2. However, given the use of multiple SSN's, it would be...

  • ARMY | BCMR | CY2015 | 20150013483

    Original file (20150013483.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service, the Vietnam Service Medal (VSM), and all awards to which he is entitled. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 22c of his DD Form 214 the entry...

  • ARMY | BCMR | CY2010 | 20100027225

    Original file (20100027225.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 May 1969 to show his date of entry into military service as 27 October 1967 and his dates of service in Vietnam as 15 May 1968-15 May 1969. The evidence of record shows he was inducted into the Army of the United States on 27 October 1967; therefore, he is entitled to correction of his DD Form 214 for the period ending 30 May 1969 to show this...

  • ARMY | BCMR | CY2009 | 20090001032

    Original file (20090001032.txt) Auto-classification: Approved

    He further states no RVN service awards are listed on the DD Form 214. The evidence of record confirms the applicant served on active duty for 1 year, 9 months, and 15 days between 9 March 1967 and 23 December 1968 and that he had no prior military service. Therefore, it would be appropriate and serve the interest of justice and equity to award the applicant the AGCM for his qualifying honorable active duty service from 9 March 1967 through 23 December 1968 and to add this award to his...

  • ARMY | BCMR | CY2009 | 20090013540

    Original file (20090013540.txt) Auto-classification: Approved

    During the original review of the applicant's case, the Board determined that the regulatory burden of proof necessary to support award of the PH had not been met because there was no evidence of record confirming the applicant was wounded in action, or that he was treated for a combat related wound by military medical personnel. The DD Form 214 issued to him at that time shows, in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized),...