RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 March 2007
DOCKET NUMBER: AR20060006876
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.
x
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 that his report of separation (DD Form 214) dated 30 June 1973, be corrected to reflect his correct dates of service in Vietnam.
2. The applicant states, in effect, that his DD Form 214 shows his service in Vietnam from 10 July 1971 to 24 July 1971, when in fact he served two tours in Vietnam from June 1965 to June 1966 and from September 1970 to July 1971.
3. The applicant provides copies of his DD Form 214, orders assigning him to Vietnam and a copy of his Department of Veterans Affairs (VA) Rating Decision.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 30 June 1973. The application submitted in this case is dated 15 May 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 applicant was inducted on 4 March 1953 and served until he was honorably discharged on 28 May 1953, for the purpose of immediate reenlistment. He enlisted in the Regular Army on 29 May 1953 and served until he was honorably released from active duty on 28 May 1956, when he was transferred to the United States Army Reserve (USAR) Control Group.
4. On 26 August 1956, he again enlisted in the Regular Army on 26 August 1956 and continued to serve through a series of continuous reenlistments. He served in Vietnam from 5 August 1965 to 15 July 1966.
5. He was promoted to the pay grade of E-7 on 10 September 1969 and was transferred to Vietnam on 11 September 1970. On 9 July 1971, while stationed in Vietnam, he reenlisted for a period of 3 years. He departed Vietnam on 24 July 1971 and was transferred to Fort Hood, Texas, where he remained until he was honorably released from active duty on 30 June 1973 and was transferred to the Retired List effective 1 July 1973. He had served 20 years, 3 months and 27 days of total active service and his DD Form 214 issued at the time of his retirement indicates that he had served in Vietnam from 10 July to 24 July 1971 for a total of 15 days of foreign service.
6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that only foreign service performed during the current period of enlistment will be reflected on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants tour of duty in Vietnam from 5 August 1965 to 15 July 1966 was not performed during the period covered by the DD Form 214 dated 30 June 1973. Therefore, it is not authorized for entry on that form in accordance with the applicable regulations.
2. However, the applicants service in Vietnam from 11 September 1970 to 24 July 1971 was performed during the period covered by the DD Form 214 in question and therefore should be added to that form in the correct format.
3. Accordingly, his DD Form 214 dated 30 June 1973 should be corrected to show his service in Vietnam from 11 September 1970 to 24 July 1971 and his foreign service in block 22c should reflect 11 months of service instead of the 15 days currently reflected on that form.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 June 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 June 1976. The applicant did not file within the 3-year statute of limitations; however, based on the available (evidence or argument), it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
__x___ ___x __ ___x__ 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 on his DD Form 214 dated 30 June 1973, that he served 11 months of foreign service in Vietnam from 11 September 1970 to 24 July 1971.
_____x________
CHAIRPERSON
INDEX
CASE ID
AR20060006876
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070313
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(partialGRANT)
REVIEW AUTHORITY
ISSUES 1.110.0000
188/corr 214
2.
3.
4.
5.
6.
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