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. | |
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