RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 April 2007
DOCKET NUMBER: AR20060012724
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Linda Simmons
Chairperson
Mr. Jeffrey Redmann
Member
Mr. Scott Faught
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 correction of item 22c (Foreign and/or Sea Service) on his DD Form 214 (Report of Transfer or Discharge) to show his dates of service in Vietnam.
2. The applicant states, in effect, that he served at least nine months in Vietnam.
3. The applicant provides a copy of his DD Form 214; a newspaper article; numerous photographs; identification cards; a Red Cross loan obligation; and discharge orders.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
2 November 1967. The application submitted in this case is dated 30 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 applicant was inducted on 2 June 1966. He trained as a stock control and accounting specialist. His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 20 October 1966 in item 38 (Record of Assignments). A DA Form 137 (Installation Clearance Record) shows the applicant departed Vietnam on emergency leave on 15 June 1967 and was granted a hardship discharge. On 2 November 1967, the applicant was released from active duty due to hardship.
4. Item 22c on the applicants DD Form 214 shows the entry, USARPAC [U.S. Army Pacific] Vietnam 0 0 0.
5. Item 31 (Foreign Service) on the applicants DA Form 20 is blank.
6. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries Yes or No for service in Indochina and Korea.
DISCUSSION AND CONCLUSIONS:
1. The entry on the applicants DA Form 20 which shows he arrived in Vietnam on 20 October 1966 and the entry on his DA Form 137 which shows he departed Vietnam on 15 June 1967 (a total of 7 months and 25 days) are accepted as sufficient evidence on which to amend items 22c and 30 on his DD Form 214. Therefore, items 22c and item 30 on his DD Form 214 should be corrected to show his inclusive dates of service in Vietnam were 20 October 1966 through
15 June 1967.
2. Records show the applicant should have discovered the alleged error now under consideration on 2 November 1967; therefore, the time for the applicant to file a request for correction of any error expired on 1 November 1970. 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:
LS_____ _JR_____ __SF____ 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:
a. deleting the entry, 0 0 0 in item 22c on his DD Form 214;
b. adding the entry, 0 7 25 in item 22c on his DD Form 214; and
c. adding the entry, "Service in Vietnam: 20 October 1966 to 15 June 1967" in item 30 on his DD Form 214.
___Linda Simmons______
CHAIRPERSON
INDEX
CASE ID
AR20060012724
SUFFIX
RECON
DATE BOARDED
20070405
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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