RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20050003539


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. LaVerne M. Douglas            |     |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 dates of service in Vietnam
be corrected on his DA Form 2-1 (Personnel Qualification Record).

2.  The applicant states, in effect, that during the period 13 October 1969
through 13 October 1970, currently entered in Item 5 (Oversea Service) of
his DA Form 2-1 showing Vietnam service, he was assigned to Fort Meade,
Maryland and Fort Bragg, North Carolina.

3.  The applicant provides a copy of:

      a.  page 2 of a Department of Veterans Affairs (DVA) Supplemental
Statement of the Case, dated 15 February 2005, that states, in pertinent
part, that the applicant's DA Form 2-1 shows his service in Vietnam as 13
October 1969 to 13 October 1970;

      b.  his DD Form 214 (Armed Forces of the United States Report of
Transfer
or Discharge) with an effective date of 1 March 1971, that shows in Item 18
(Remarks) that the applicant served in Vietnam during the period from
13 October 1968 to 12 October 1969;

      c.  a DD Form 1584 (National Agency Check Request) that lists 59th
Signal Battalion in Republic of Vietnam (RVN) as the applicant's place of
residence during the period from October 1968 to October 1969; and

      d.  his International Certificates  of Vaccination that provides a
history of immunizations he received from 11 May 1968 to 25 October 1978.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 March 1988, the date of his retirement.  The application
submitted in this case is dated 18 February 2005.

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's military records, which include his Official Military
Personnel File (OMPF) that is on microfiche, show that he was inducted on
15 March 1968 for a period of 2 years.  On 20 March 1968, he reenlisted for
a period of 3 years.

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted
Qualification Record) shows the applicant was assigned to USARPAC (United
States Army, Pacific) - Vietnam from 18 October 1968.  The through date is
unreadable.  However, the entry indicated that the applicant completed
12 months in Vietnam.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows the
applicant was assigned to USARPAC effective October 1968.  The exact day
and the exact unit are unreadable.  The date of the applicant's departure
from USARPAC is also unreadable.

6.  Item 38 of the applicant's DA Form 20 also shows that the applicant's
follow on assignments were to Fort Meade, Maryland and Fort Bragg, North
Carolina.  The effective dates of these assignments are unreadable.

7.  On 1 March 1971, the applicant was discharged to immediately reenlist.
He had completed 2 years, 11 months, and 12 days of active service during
this enlistment that was characterized as honorable.

8.  Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214
showed the applicant had served 1 year outside the continental limits of
the United States and the last oversea theater he served in was USARV
(United States Army Vietnam).

9.  Item 30 (Remarks) of the applicant's DD Form 214 contained the entry
"REF ITEM 22c:  RVN SERVICE 13 Oct 68 - 12 Oct 69" indicating the applicant
had served in the RVN from 13 October 1968 to 12 October 1969.

10.  On 2 March 1971, the applicant reenlisted and continued to serve on
active duty until his retirement on 31 March 1988.

11.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel
Qualification Record) contains an entry that indicates the applicant served
from 691013 (13 October 1969) through 701013 (13 October 1970) in FEPA-
Vietnam.

12.  Army Regulation 635-5 (Separation Documents), then in effect,
established the standardized policy for preparing and distributing the DD
Form 214.  In pertinent part, it directed that total active duty outside
the continental limits of the United States for the period covered by the
DD Form 214 and the last oversea theater in which service was performed be
entered in Item 22c.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his dates of service in Vietnam are
incorrect on his DA Form 2-1.

2.  Based on the preponderance of the evidence, it is reasonable to presume
that the applicant served in Vietnam from 13 October 1968 to 12 October
1969.  Therefore, the applicant's record should be amended to show he
served in Vietnam from 13 October 1968 to 12 October 1969.

BOARD VOTE:

____jea__  ____lmd_  ____jam_  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 amending Item 5 of the applicant's DA
Form 2-1 to read 681013  691012  USARV-Vietnam instead of 691013 701013
FEPA-Vietnam.





                            _____James E. Anderholm_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003539                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051025                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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