IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080005682
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, in effect, that his separation document (DD Form 214) be corrected to reflect his overseas service in the Republic of Vietnam (RVN).
2. The applicant states, in effect, that he served in the RVN and it is not documented on his DD Form 214.
3. The applicant provides medical treatment documents, an Article 15 and his DD Form 214 in support of his application.
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's record shows that he was inducted into the Army and entered active duty on 20 September 1967.
3. The applicant's Enlisted Qualification Record (DA Form 20) shows that he was assigned to the overseas replacement station at Fort Lewis, Washington, where he arrived on 26 January 1968. Item 44 (Time Lost) shows he accrued 263 days of time lost due to being absent without leave (AWOL) during four separate periods between 20 February 1969 and 12 May 1970, and being in confinement during two separate periods between 17 March 1969 and 10 June 1970.
4. The applicant's Military Personnel Records Jacket (MPRJ) contains promotion orders, dated 20 November 1968, which were issued by Battery B, 3rd Battalion, 6th Artillery, APO San Francisco 96318 (Pleiku, RVN). These orders promoted the applicant to specialist four (SP4).
5. The applicant's MPRJ also contains patient and medical records that indicate the applicant was injured in the RVN on 8 January 1969, and was admitted to the 106th General Hospital, Japan, on 10 January 1969. These documents also confirm the applicant was medically evacuated to the United States Naval Hospital (USNH), Bethesda, Maryland, where he arrived on 24 January 1969.
6. On 15 July 1970, the applicant was separated under honorable conditions, in the rank of private/E-1 (PV1), after completing 2 years and 4 days of creditable active military service and accruing 263 days of time lost due to AWOL and confinement. Item 22c (Foreign Service) contains an entry indicating no overseas service and Item 30 (Remarks) contains no entry pertaining to RVN service.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicant's separation stipulated that overseas service completed during the period covered by the DD Form 214 would be entered in Item 22c, and that an entry documenting RVN service would be entered in Item 30.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he served in the RVN and this service should be document in his separation document was carefully considered and found to have merit.
2. Although the specific date the applicant arrived in the RVN cannot be determined, his record and documents on file confirm he was assigned to the overseas replacement stations at Fort Lewis in late January of 1968, and that he was serving in the RVN when he was promoted to SP4 on 20 November 1968. It also confirms that after being injured in the RVN on 8 January 1969, he was medically evacuated to Japan on 10 January 1969 and to the United States on 23 January 1969. As a result, it can reasonably be concluded that he arrived in the RVN on or about 1 February 1968, and that he served there until being medically evacuated on 10 January 1969. As a result, it would be appropriate to add the entry "00 11 10" to Item 22c and the entry "RVN Service-1 February 1968-10 January 1969" to Item 30.
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 his DD Form 214 as follows: Item 22c - delete the current entry
and replace it with the entry "00 11 10"; Item 30 - add the entry "RVN Service - 1 February 1968-10 January 1969"; and by providing him a correction to his separation document that includes this change.
_______ _ x _______ ___
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.
ABCMR Record of Proceedings (cont) AR20080005682
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ABCMR Record of Proceedings (cont) AR20080005682
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