RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 February 2007
DOCKET NUMBER: AR20060005814
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. G. E. Vandenberg
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Ms. Jeanette R. McCants
Member
Mr. John G. Heck
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 (Report of Transfer or Discharge) be corrected to reflect his period of service in Vietnam.
2. The applicant states, in effect, that he needs to have his discharge document reflect his foreign service in Vietnam for the purpose of consideration for additional benefits.
3. The applicant provides no supporting documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 30 June 1974, the date of his retirement. The application submitted in this case is dated 23 April 2006.
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 applicants failure to timely file.
3. The records show the applicant served in the Regular Army (RA) in an active duty from 27 November 1953 through 6 November 1956 and he served in the Army Reserve in an inactive duty status from 7 November 1956 through
28 October 1961. On 1 December 1961, he reenlisted in the RA and remained on active duty until he retired on 30 June 1974.
4. The record contains copies of a DA Form 20 (Enlisted Qualification Record) and a DA Form 2-1 (Personnel Qualification Record). Both documents list service in Vietnam from 30 July 1966 through 29 July 1967 with Company C, 1st Engineer Battalion, 1st Infantry Division.
5. The two qualification records also list his periods of foreign service as in Korea from 18 December 1958 through 1 January 1960 and in Germany from 20 March 1954 through 3 October 1956, 1 May 1963 through 20 April 1965, and 14 September 1967 through 18 August 1969.
6. The record contains orders awarding the applicant the Army Commendation Medal for meritorious service in Vietnam. He was also awarded the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with "1960" device during his period of service in Vietnam.
7. The DD Form 214 issued for the period 13 August 1963 through 12 August 1969 lists his period of foreign service, at item 22c, as 8 years and 5 months. The form does not specify where this service was preformed.
8. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation, in effect at the time, required that the total amount of foreign service completed during the period covered by the DD Form 214 would be entered at item 22c. The last theater of operation was also noted at this entry.
DISCUSSION AND CONCLUSIONS:
1. The 12 August 1969 DD Form 214 is incorrect and incomplete at item 22c. It does not denote the last theater of operations and incorrectly lists a period of foreign service in excess of the period covered by the DD Form 214.
2. The applicant was serving in Germany when he reenlisted on 13 August 1963. He served in Germany until 20 April 1965, in Vietnam from 30 July 1966 through 29 July 1967; and again in Germany from 14 September 1967 through the date he reenlisted, 12 August 1969. It is appropriate to correct the entry at item 22c to read 4 years, 7 months, and 3 days.
3. Further, for the purpose of clarity, an entry should be made at item 30 (Remarks) to denote the different areas and periods of foreign service as follows: Vietnam, from 30 July 1966 through 29 July 1967; and Germany from 13 August 1963 through 20 April 1965 and 14 September 1967 through 12 August 1969.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 June 1974; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 June 1977. 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:
__LDS __ _JGH___ __JRM __ 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 the DD Form 214, issued on
12 August 1969 to show in:
a. item 22c, 4 years, 7 months, and 3 days of foreign service; and
b. item 30, service in Vietnam from 30 July 1966 through 29 July 1967 and Germany from 13 August 1963 through 20 April 1965 and 14 September 1967 through 12 August 1969.
__ Linda D. Simmons______
CHAIRPERSON
INDEX
CASE ID
AR20060005814
SUFFIX
RECON
DATE BOARDED
20070130
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
120
2.
3.
4.
5.
6.
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