RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 March 2007
DOCKET NUMBER: AR20060007065
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) be corrected to reflect the period he served in Vietnam.
2. The applicant states, in effect, that the period he served in Vietnam is not reflected on his DD Form 214 and he applied for Combat Related Special Compensation (CRSC) benefits and that information was requested in relation to his application.
3. The applicant provides documents showing that he was awarded the Bronze Star Medal for his service in Vietnam.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 31 August 1968. The application submitted in this case is dated 13 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 served in an enlisted and warrant officer status in both active and Reserve status during the period of 31 October 1940 until he was commissioned as a first lieutenant on 24 February 1949.
4. He entered active duty on 27 March 1951 as an Adjutant General Corps officer and continued to serve in that capacity until he was appointed as a Regular Army Captain in the Medical Service Corps on 7 May 1958. He remained on active duty and was transferred to Vietnam on 17 January 1966. He was promoted to the rank of lieutenant colonel on 23 June 1966 and departed Vietnam on 6 January 1967 for assignment to Walter Reed Army Medical Center, Washington, D.C.
5. On 31 August 1968, he was honorably released from active duty (REFRAD) and was transferred to the Retired List, effective 1 September 1968, due to voluntary retirement. He had served 27 years, 9 months and 9 days of total active service and was awarded the Bronze Star Medal, the Army Commendation Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal and the National Defense Service Medal. His DD Form 214 issued at the time of his separation shows that he had 6 years, 10 months and 27 days of foreign and/or sea service.
6. Army Regulation (AR) 635-5 serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time of the applicants REFRAD provided that the Remarks section (block 30) of the DD Form 214 would be used to complete entries that were too long for their respective blocks. It also provided specific entries that were to be entered in that block as well. None of those entries were related to an individuals service in an overseas or combat theater. However, AR635-5, which superseded the regulation in effect at the time of the applicants separation, provide that an entry would be entered in the remarks section of the DD Form 214 to indicate inclusive dates of service in Vietnam. Entries of this nature have remained in effect for all subsequent changes of that regulation to account for service in such area as Soldiers may be required to serve that involve conflict with other nations.
DISCUSSION AND CONCLUSIONS:
1. Although there was no provision for making such entries on the DD Form 214 to reflect foreign service in a hostile fire area at the time of the applicants separation from the service, the applicable regulation changed shortly after the applicants separation from the service which required such entries be made on the DD Form 214 to document service in such areas as Vietnam.
2. The succeeding changes to the regulation have continued to require such entries to date in order to document a Soldiers service in areas of conflict, which is indicative that a need for such entries is important for not only the service, but the individual as well.
3. Accordingly, it would be in the interest of justice to correct the applicants records as an exception to policy to show that he served in Vietnam from 17 January 1966 to 6 January 1967.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 August 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 August 1971. The applicant did not file within the 3-year statute of limitations; however, based on the available 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 in the remarks section of his DD Form 214 that he served in Vietnam from 17 January 1966 to 6 January 1967.
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CHAIRPERSON
INDEX
CASE ID
AR20060007065
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070306
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(GRANT)
REVIEW AUTHORITY
ISSUES 1.110.0000
189/CORR 214
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