RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2007
DOCKET NUMBER: AR20060012635
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.
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his dates of service in Vietnam. He also requests, in effect, that the geographic area of Vietnam where he served also be added to his DD Form 214.
2. The applicant essentially states that his DD Form 214 does not list his dates of service in Vietnam. He also states that his records do not state the area of Vietnam where he served was sprayed with Agent Orange.
3. The applicant provides a Standard Form 180 (Request Pertaining to Military Records) and a National Archives Form 13042 (Request for Information Needed to Locate Medical Records) in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
27 August 1971, the date of his release from active duty. The application submitted in this case is dated 25 August 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 applicants military records show that he was inducted into the Army of the United States on 6 November 1969. He completed basic and advanced individual training and was awarded military occupational specialty 94B (Cook). He departed for the Republic of Vietnam on 18 April 1970, and served with Headquarters and Headquarters Company, 3rd Battalion, 1st Infantry Regiment during his tour in Vietnam. He returned to the continental United States on
22 March 1971, and served at Fort Dix, New Jersey until he was honorably released from active duty on 27 August 1971.
4. Item 30 (Remarks) of the applicants DD Form 214 incorrectly shows that he served in Vietnam from 18 April 1970 to 20 March 1970. It was also noted that his dates of service in Vietnam are incorrect in item 31 (Foreign Service) and item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record). However, it is apparent that the applicants ending period for his service in Vietnam was incorrectly entered as 22 March 1970, and should have read 22 March 1971.
5. The applicants DD Form 214 does not have an entry which shows where he was geographically stationed while he was in Vietnam. However, there has never been a provision of regulation that required or provided for such a statement on the DD Form 214. Additionally, even if there was a provision for such an entry, there is no information in his military records which shows exactly where he physically served while in Vietnam.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. This regulation provided, in pertinent part, that an entry would be entered in the remarks section of the DD Form 214 to indicate inclusive dates of service in Vietnam.
7. Army Regulation 635-5 has never required or provided that an entry showing where a Soldier was geographically located in a combat zone would be or could be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Although item 30 of the applicants DD Form 214 shows dates of service in Vietnam, they are incorrect. Therefore, he is entitled to correction of his military records to show that his dates of service in Vietnam were from 18 April 1970 to 22 March 1971.
2. As there is no provision for showing where a Soldier was geographically located while stationed in Vietnam, and the fact that there is no information in his military records which shows exactly where he physically served while in Vietnam, there is insufficient basis for granting relief to this portion of the applicants request.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 August 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
26 August 1974. 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 based on the partial relief being granted in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__JM ___ __TR ___ __RN___ 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 showing that his dates of service in Vietnam were from 18 April 1970 to 22 March 1971.
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 showing the geographic location of where the applicant served in Vietnam.
______ John Meixell_________
CHAIRPERSON
INDEX
CASE ID
AR20060012635
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070417
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
110.0000.0000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2008 | 20080010422
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his service in the Republic of Vietnam was from 14 July 1969 to 14 July 1970. DISCUSSION AND CONCLUSIONS: The evidence of record clearly shows that the applicant served in the Republic of Vietnam from 11 July 1969 to 3 July 1970. __________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2009 | 20090001054
There are no orders awarding the applicant the Combat Infantryman Badge in his available military personnel record. Based on his record of service in the Republic of Vietnam, the applicant is entitled to have his recorded corrected to show award of the Republic of Vietnam Campaign Medal with Device (1960). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his DD Form 214 to add the Purple Heart, Combat...
ARMY | BCMR | CY2011 | 20110019624
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * DD Form 214 for the periods ending 1 July 1970 and 2 April 1973 * DA Form 20 (Enlisted Qualification Record) * Letter from the Office of the Chief of Transportation * Letter from a former chief * Extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit) CONSIDERATION OF EVIDENCE: 1. Although the detachment may have sailed out of...
ARMY | BCMR | CY2008 | 20080017316
The evidence of record also shows that the applicant is also entitled to have his records show his awards of the Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2005 | 20050000555C070206
There are no orders in the applicant's military personnel record awarding him the Purple Heart; but, the applicant's name does appear on the Vietnam Casualty List. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, Troop B, 3rd Squadron, 4th Cavalry, 25th Infantry Division, was awarded the Republic of Vietnam Gallantry Cross, with...
ARMY | BCMR | CY2006 | 20060002404C070205
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal. The evidence of record also establishes that he was wounded in action in Vietnam on 13 January and 9 February 1971 and that he was awarded Purple Hearts for both of those wounds. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Purple Heart with 1 OLC (vice Purple Heart as...
ARMY | BCMR | CY2004 | 20040009919C070208
There are no orders in the applicant’s records awarding him the Air Medal. Evidence of record shows that the applicant is entitled to award of the Vietnam Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of: a. the Air Medal; b. the first award of the Good Conduct Medal, for the period 21 June 1968 to 18 June 1971; c. the Meritorious Unit Commendation with First Oak Leaf Cluster; d. the...
ARMY | BCMR | CY2008 | 20080005668
A review of those records shows: a. there are no orders awarding him the Purple Heart; b. his DA Form 66 (Officer Qualification Record) does not show he was awarded the Purple Heart, nor does it provide any evidence of his wounding; and c. although complete medical records do not exist, his separation physical examination is a part of the record, and it does not show any indication of his having been wounded. Orders show he was awarded 23 Air Medals. As a result, the Board recommends that...
ARMY | BCMR | CY2005 | 20050001696C070206
AR 672-5-1, in effect at the time of the applicant's separation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. As a result, the Board recommends that all...
ARMY | BCMR | CY2008 | 20080006783
The applicant provides the following additional documentary evidence in support of his application: a. DD Form 214, dated 28 December 1970. b. DA Form 20 (Enlisted Qualification Record), dated 21 March 1969. c. General Orders Number 6739, dated 14 June 1970, awarding him the Bronze Star Medal (1st Oak Leaf Cluster), and General Orders Number 7464, dated 5 July 1970, revoking this award. The evidence of record shows the applicant was awarded the Vietnam Service Medal. The evidence of record...