RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 June 2004
DOCKET NUMBER: AR2004100270
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 |
| |Ms. Joyce A. Wright | |Analyst |
The following members, a quorum, were present:
| |Mr. Samuel Crumpler | |Chairperson |
| |Mr. Lester Echols | |Member |
| |Ms. Linda Barker | |Member |
The applicant and counsel if any, did not appear before the Board.
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 correction of item 30 (Remarks) of his DD Form
214 (Report of Transfer or Discharge), dated 3 July 1972, to show the entry
"Vietnam 1 September 1969 to 1 September 1970" instead of the entry
"Vietnam 29 Dec 69 (29 December 1969) – 1 Sep 70 (1 September 1970)."
2. The applicant states, in effect, that his time served in Vietnam on his
DD Form 214, dated 3 July 1972, is incorrect.
3. The applicant provides a copy of his DD Form 214, dated 3 July 1972.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged (error or injustice)
which occurred 3 July 1972, the date of his release from active duty (AD).
The application submitted in this case is dated 22 October 2003.
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 records show he was inducted on 25 March 1969,
as a light weapons infantryman (11B). He continued to serve until he was
honorably released on 28 December 1969, in order to reenlist. He
reenlisted on 29 December 1969. He served in Vietnam from 2 September 1969
to 1 September 1970. He was released from AD on 3 July 1972. He was
transferred to the Army Reserve.
4. Item 22c (Foreign or Sea Service) of the applicant’s DD Form 214, dated
28 December 1969, shows the entry "00 03 26" (3 months and 26 days). Item
22c of his DD Form 214, dated 3 July 1972, show the entry "0 8 2" (8 months
and 2 days).
5. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification
Record) shows he served in Vietnam from 2 September 1969 through
1 September 1970, 12 months.
6. Army Regulation 635-5, in effect at that time, established the standard
policy for preparing and distributing the DD Form 214. In pertinent part,
it directed that the foreign service performed during the period covered by
the DD Form 214 would be entered in item 22c (Foreign and/or Sea Service).
The regulation also stated that the amount of foreign service would be
taken from the soldier’s Enlisted Qualification Record or, if necessary,
verified from the soldier’s Military Personnel Records Jacket. It also
stated that item 30 (Remarks) is used to complete entries too long for
their respective blocks.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that he completed 3 months and 26 days of
foreign service during his first enlistment and 8 months and 2 days during
his last enlistment. His DA Form 20 shows that he completed 12 months of
foreign service in Vietnam from 2 September 1969 to 1 September 1970.
Therefore, there is sufficient basis to correct item 30 (Remarks) of his DD
Form 214 to show the entry "Vietnam 2 September 1969 through 1 September
1970. "
BOARD VOTE:
__sc___ ___le___ ___lb___ GRANT 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 showing the entry "Vietnam 2 September
1969 through 1 September 1970" in item 30 of his DD Form 214, dated 3 July
1972.
____Samuel Crumpler___
CHAIRPERSON
INDEX
|CASE ID |AR2004100270 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040629 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |19720703 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |120 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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