RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 JANUARY 2005
DOCKET NUMBER: AR2004107090
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. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. Walter Morrison | |Chairperson |
| |Ms. Eloise Prendergast | |Member |
| |Ms. Jeanette 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. In effect, the applicant requests that his DD Form 214 (Report of
Transfer or Discharge) be corrected to show his service in Vietnam.
2. The applicant states that he needs proof of his Vietnam service in
order to obtain benefits from the Department of Veterans Affairs (VA).
3. The applicant provides copies of orders and a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 16 October 1963. The application submitted in this case
is dated 23 March 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 enlisted in the Army for 3 years on 17 October 1960,
completed training, and in March 1961 was assigned to Fort Carson,
Colorado. He was assigned to the 232nd Signal Company at Fort Huachuca,
Arizona in March 1962, moving to Vietnam with the 232nd that same month.
4. The applicant's Service Record (DA Form 24) shows arrival in Vietnam on
21 March 1962 and return to the United States on 1 April 1963. He was
awarded the Army Commendation Medal for his exceptionally meritorious
service in Vietnam for the period 21 March 1962 to 31 March 1963.
5. Upon his return to the United States he was assigned to Fort Leonard
Wood, Missouri, where he was released from active duty on 16 October 1963.
His DD Form 214 shows 1 year and 16 days of foreign service in the
USARPAC (United States Army, Pacific), but does not show that his service
in that theater was in Vietnam.
6. Army Regulation 635-5, then in effect, provides for the preparation of
separation documents, to include the DD Form 214. It states, in pertinent
part, to enter [in Item 24c] total active duty outside continental limits
of the United States for the period covered by the DD Form 214 and the last
oversea theater service was performed, e.g., Foreign and/or Sea Service
(USAREUR [United States Army, Europe]). That regulation does not require
any other entry regarding foreign service.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Vietnam from 21 March 1962 through 31 March
1963. Although there is no requirement to correct his record as he
requests, as a matter of equity it would be appropriate to do so. It is
altogether fitting to show that he served in Vietnam.
2. Consequently, his DD Form 214 should be corrected to reflect his
service in Vietnam as indicated above.
BOARD VOTE:
___WM__ ___EP __ ___JM __ 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 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 service in Vietnam from 21
March 1962 through 31 March 1963.
_____Walter Morrison_______
CHAIRPERSON
INDEX
|CASE ID |AR2004107090 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050113 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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