RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 August 2005
DOCKET NUMBER: AR20040009149
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. Robert J. McGowan | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Mr. Robert L. Duecaster | |Member |
| |Ms. Jeanette R. McCants | |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, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) for the period
29 March 1968 to 6 January 1972 be corrected to show his blood type as O
positive and that he served his first tour in Vietnam from 27 August 1968
to 26 August 1969.
2. The applicant states his DD Form 214 incorrectly shows that his blood
type is A positive and that his first Vietnam tour was from 27 August 1968
to 26 April 1969.
3. The applicant provides no supporting documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 6 January 1972. The application submitted in this case
is dated 12 October 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 limitations 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 was inducted into the Army of the United States for 2
years on 26 July 1967. He was separated on 28 March 1968 for the purpose
of enlistment in the Regular Army (RA). He enlisted in the RA for 4 years
on 29 March 1968.
4. The applicant's records show that his blood type is O positive. An SF
Form 601 (Immunization Record) shows that on 27 July 1967 he was blood
typed as O positive. A DA Form 428 (Application for Identification Card)
shows his blood type as O positive. His DD Form 214 with separation date
28 March 1968 shows his blood type as O positive.
5. The applicant's records show that his first assignment to Vietnam was
with Headquarters and Headquarters Troop (HHT), 7th Squadron, 17th Cavalry
Regiment. Special Orders Number 183, Headquarters, 7/17th Cavalry, dated
23 July 1969, reassign the applicant from Vietnam to Fort Gordon, Georgia.
The orders show that his EDCSA (Effective Date of Change of Strength
Accountability, or the date a Soldier is dropped on the rolls of one unit
and picked up by another) from HHT, 7'17th Cavalry as 10 August 1969. This
is presumed to be the date he departed Vietnam.
6. The subject DD Form 214 shows the applicant's blood type as A positive
and the dates of his first Vietnam assignment as "27 Aug 68 – 26 Apr 69."
The records show otherwise.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 for the period 29 March 1968 to 6 January
1972 contains two errors. The applicant's blood type in Item 30 (Remarks)
should read "O Pos" and not "A Pos." Also his first tour of duty in
Vietnam should read "27 Aug 68 - 10 Aug 69."
2. There is no evidence that the applicant departed Vietnam on 26 August
1969.
BOARD VOTE:
__wdp___ __rld___ __jrm___ GRANT FULL RELIEF
________ ________ ________ 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 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 showing that his blood type is
O positive and that the dates of his first assignment to Vietnam are "27
Aug 68 - 10 Aug 69."
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
showing his Vietnam tour ended on 26 August 1969.
William D. Powers
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040009149 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050802 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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