RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 April 2008
DOCKET NUMBER: AR20070017488
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 that item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 November 1970 be corrected to show he served in Vietnam from 17 April 1969 through 16 April 1970.
2. The applicant states that the current entry in item 30 of his DD Form 214 for the period ending 9 November 1970, RVN 17 APR 69 16 APR 60, is incorrect.
3. The applicant provides his DD Form 214 for the period ending 9 November 1970.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 25 October 1968.
3. Item 31 (Foreign Service) of the applicants DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 17 April 1969 through 16 April 1970.
4. The applicant was honorably discharged on 9 November 1970 for the purpose of immediate reenlistment. Item 30 of his DD Form 214 for the period ending 9 November 1970 shows he served in Vietnam from 17 April 1969 through 16 April 1960.
DISCUSSION AND CONCLUSIONS:
Item 30 of the applicants DD Form 214 for the period ending 9 November 1970 contains a typographical error. The evidence of record shows he served in Vietnam from 17 April 1969 through 16 April 1970, not through 16 April 1960.
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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 30 of his DD Form 214 for the period ending 9 November 1970 to show he served in Vietnam from 17 April 1969 through 16 April 1970.
x________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070017488
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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