RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         6 July 2006
      DOCKET NUMBER:  AR20050017202


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Dennis Phillips               |     |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 correction of his records to show he was present
at "LZ [landing zone] Bird" while assigned to Battery B, 2nd Battalion,
19th Artillery from 25 December 1966 to 26 December 1966.

2.  The applicant states he was present at a number of LZs which his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) and other records do not reflect.  He states he was sent to "LZ
Bird" from "LZ Pony" to repair radio equipment.

3.  The applicant provides a copy of reassignment orders and his DD Form
214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 3 November 1967.  The application submitted in this case is
dated 21 November 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 was inducted into the Army on 6 November 1965.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 31B (Field Radio Mechanic).

4.  Headquarters, Student Brigade, U.S. Army Infantry School, Special
Orders Number 92 dated 20 April 1966 reassigned the applicant to the
17th Aviation Company, 1st Cavalry Division (Airmobile) in Vietnam on 13
May 1966.

5.  Item 38 (Record of Assignments) on the applicant's DA Form 20 (Enlisted
Qualification Record) shows he was reassigned to Headquarters and
Headquarters Battery, 2nd Battalion, 19th Artillery, 1st Cavalry Division
(Airmobile) on 29 December 1966 as a radio mechanic.
6.  Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number
130, dated 10 May 1967 reassigned the applicant to the U.S. Army Vietnam
(USARV) Returnee Detachment for further assignment to Fort Eustis, Virginia
with an EDCSA (effective date of change of strength accountability) of 15
May 1967.

7.  The applicant was released from active duty on 3 November 1967.  Item
22c (Foreign and/or Sea Service) on his DD Form 214 does not reflect any
foreign service.

8.  Item 31 (Foreign Service) on his DA Form 20 shows he served in the U.S.
Army Pacific (USARPAC) – Vietnam from 13 May 1966 through 12 May 1967.

9.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  It
states that the DD Form 214 is a synopsis of the Soldier's most recent
period of continuous active duty.  It provides a brief, clear-cut record of
active Army service at the time of release from active duty, retirement or
discharge.  The version in effect at the time directed that the total
active duty outside the continental United States for the period covered by
the DD Form 214 and the last oversea theater in which service was performed
would be entered in item 22c.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Enlisted Qualification Record shows he served in
Vietnam from 13 May 1966 through 12 May 1967.

2.  The applicant's request for correction of his records to show he was
present at the "LZ Bird" is noted.  However, there are no regulatory
provisions which authorize his presence at "LZ Bird" to be recorded on the
DD Form 214 or the DA Form 20.  The DD Form 214 is not meant to be a record
of all assignments and the DD Form 20 only kept a record of unit (down to
company/detachment level) assignments, not where that unit may have
performed various combat duties.

3.  Although the applicant served 1 year in Vietnam, this foreign service
is not recorded in item 22c on his DD Form 214.  Therefore, it would be
appropriate to amend item 22c on his DD Form 214 to reflect 1 year of
foreign service.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 November 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 2 November 1970.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
it would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

EA______  MF______  DP______  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 partial 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 22c on
his DD Form 214 to show he served 1 year of foreign service in USARPAC
(Vietnam).

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
correction of his records to show he was present at "LZ Bird."




                            Eric Andersen_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017202                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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