IN THE CASE OF:
BOARD DATE: 8 May 2008
DOCKET NUMBER: AR20080000518
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that Block 24c (Statement of Service Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his actual service in Vietnam.
2. The applicant states his DA Form 20 (Enlisted Qualification Record) shows he served 20 months and 2 days in Vietnam, but his DD Form 214 only shows 7 months and 25 days in Block 24c. He would like this corrected because he wants everything to be "accurate."
3. The applicant provides:
a. A 22 January 2008 self-authored letter.
b. A copy of his DA Form 20. It shows his service in Vietnam from 21 March 1963 through 5 April 1964 (1 year and 16 days), and from 19 October 1964 through 30 August 1965 (10 months and 12 days).
c. A copy of his DA Form 24 (Service Record). It shows his service in Vietnam from 23 March 1963 through 4 April 1964 and from 22 October 1964 through 12 August 1965.
d. A copy of his DD Form 214 for the period from 31 August 1962 through 16 August 1965.
e. A copy of a 7 February 2004 letter to a United States Senator soliciting help in obtaining all awards and decorations to which he is entitled and correction of his foreign service. Attached to this letter are other documents concerning his Vietnam service as well as a DD Form 215 (Correction to DD Form 214) awarding him additional awards and decorations, but not affecting his foreign service.
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 served in the Regular Army from 31 August 1962 to 16 August 1965.
3. The applicant's DA Form 24 contains a chronological list of all assignments. It shows:
a. 31 August 1962 Assigned to 3rd Reception Company, Fort Dix, NJ.
b. 6 September 1962 Basic Combat Training, Fort Dix.
c. 3 November 1962 Advanced Individual Training, Fort Gordon, GA.
d. 16 March 1963 En route to Vietnam.
e. 23 March 1963 Arrived in Vietnam (assigned to 4 units in Vietnam).
f. 5 April 1964 En route (with leave) to the United States.
g. 17 May 1964 Assigned to Fort Eustis, VA.
h. 1 October 1964 En route (with leave) to Vietnam.
i. 22 October 1964 Assigned to Vietnam.
j. 13 August 1965 En route to Oakland Army Base, CA for discharge.
k. 16 August 1965 Honorably released from active duty (REFRAD) at Oakland Army Base.
4. The applicant's first assignment to Vietnam was from 23 March 1963 through 4 April 1964, a total of 1 year and 13 days. His second assignment in Vietnam was from 22 October 1964 through 12 August 1965, a total of 9 months and 22 days. His total service in Vietnam was 2 years and 4 days based on his chronological record of assignments found on his DA Form 24.
5. The applicant's DA Form 20 shows two tours of service in Vietnam; however, it shows the applicant served his second tour until 30 August 1965. He was honorably REFRAD at Oakland Army Base on 16 August 1965; his DA Form 20 is, therefore, somewhat unreliable as a source document in counting his foreign service.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests an accurate accounting of his Vietnam service.
2. The applicant's DA Form 24 shows all of his assignments and travel time between assignments. From that document, it appears the applicant had two tours of service in Vietnam totaling 2 years, 0 months, and 4 days.
3. The applicant's previous request for awards (not part of this request) was processed on 18 March 2004 and a DD Form 215 was issued awarding him all awards and decorations to which he is entitled.
4. The applicant's DD Form 214 should be corrected as indicated below.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ 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 deleting from Block 24c of his DD Form 214 the entry "0 years 7 months 25 days" and adding the entry "2 years 0 months 4 days."
XXX
_ ______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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