Search Decisions

Decision Text

ARMY | BCMR | CY2006 | 20060005814
Original file (20060005814.txt) Auto-classification: Approved


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 applicant’s 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.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003087772C070212

    Original file (2003087772C070212.rtf) Auto-classification: Denied

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 2 August 1963 to 1 August 1969 be corrected: to show his Vietnam service; to show award of the Vietnam Service Medal (VSM); and to show that he received campaign participation credit for two campaigns -- Counteroffensive Phase II and III. Records show the applicant should have discovered the error or injustice now under consideration on 1 August 1969; therefore, the...

  • ARMY | BCMR | CY2009 | 20090019621

    Original file (20090019621.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 May 1981 to show all periods of his foreign service. His previous DD Form 214 (Report of Separation from Active Duty) for the period ending on 4 May 1977 listed 2 years, 10 months, and 11 days of foreign service. Item 22c of the DD Form 214 for the period 11 April 1967 to 29 July 1971 does not show completion of any foreign service.

  • ARMY | BCMR | CY2008 | 20080006686

    Original file (20080006686.txt) Auto-classification: Approved

    His DD Form 214, dated 21 August 1965, does not show any additional awards. The evidence shows the applicant served in Vietnam from 27 May 1966 to 26 May 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the entry "SERVICE IN KOREA FROM 19631221 - 19641222" in item 32 (Remarks), of his DD Form 214, dated 21 August 1965; b. showing the entry "SERVICE IN VIETNAM FROM 19660527 - 19670526" in item 30...

  • ARMY | BCMR | CY2011 | 20110022316

    Original file (20110022316.txt) Auto-classification: Approved

    This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. d. DD Form 214 for the period 15 December 1968 through 30 September 1972 which shows in item 22c completion of 1 year of foreign service and in item 30 (Remarks) the entry "Vietnam - Yes 1 October 1970 to 30 September 1971." As a result,...

  • ARMY | BCMR | CY2004 | 20040007586C070208

    Original file (20040007586C070208.doc) Auto-classification: Approved

    The applicant’s active duty military records were not provided to the Board. Item 22c (Foreign Service) of the applicant’s 1 February 1968 DD Form 214 also shows that he completed 3 years, 11 months and 15 days of overseas service during the period of active duty documented by the separation document. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 24 of his 1 February 1968 DD Form 214 by adding the Bronze...

  • ARMY | BCMR | CY2011 | 20110009929

    Original file (20110009929.txt) Auto-classification: Approved

    It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal based on completion of a period of qualifying service of 3 years from 10 December 1963 through 9 December 1966 and he met the eligibility criteria for the second award of the Army Good Conduct Medal based on completion of a period of qualifying service of 3 years from 10 December 1966 through 9 December 1969. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of...

  • ARMY | BCMR | CY2010 | 20100019030

    Original file (20100019030.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * total foreign service * award of the Purple Heart and Vietnam Service Medal * last rank and pay grade as specialist four (SP4)/E-4 2. His DA Form 20 (Enlisted Qualification Record) prepared from temporary records on 23 May 1969 shows: * item 31 (Foreign Service) – arrival date in Vietnam not indicated and departure date from Vietnam as 24 May 1969 * item 33...

  • ARMY | BCMR | CY2008 | 20080016112

    Original file (20080016112.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his 11 July 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to properly document his overseas service. The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) that he completed a total of 4 years, 7 months, and 29 days of overseas service, which included service in Germany...

  • ARMY | BCMR | CY2004 | 20040011539C070208

    Original file (20040011539C070208.doc) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s 16 April 1969 DD Form 214 shows that during the period of service covered by the separation document, the applicant earned the VSM, NDSM, RVN Campaign Medal, AGCM and 1 Overseas Service Bar. The regulation in effect at the time the applicant was issued his 16 April 1969 DD Form 214 provided for entering all overseas service completed during the period of active duty...

  • ARMY | BCMR | CY2011 | 20110011881

    Original file (20110011881.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant's third tour in the Republic of Vietnam is not properly documented on his separation DD Form 214 for the period ending 14 December 1971; therefore, it would be appropriate to correct his DD Form 214 to show this foreign service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....