IN THE CASE OF:
BOARD DATE: 13 August 2008
DOCKET NUMBER: AR20080006273
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 August 1973 be corrected to show he served in Vietnam from 28 November 1966 through 30 November 1967 and to show he served in Germany.
2. The applicant states his DD Form 214 for the period ending 27 August 1973 has his wrong dates of service in Vietnam. He needs the corrections so he may file for Department of Veterans Affairs benefits.
3. The applicant provides his DD Form 214 for the period ending 27 August 1973.
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 19 February 1965. He served in Germany from on or about 2 January 1966 through 6 November 1966. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he embarked for Vietnam on 5 December 1966.
3. The applicant was honorably discharged on 27 November 1967 and immediately reenlisted on 28 November 1967. Item 30 (Remarks) of his DD Form 214 for the period ending 27 November 1967 shows he served 10 months and 5 days in Germany and 11 months and 23 days in Vietnam.
4. The applicant departed Vietnam on 30 November 1967. He was honorably discharged on 27 August 1973. Item 30 of his DD Form 214 for the period ending 27 August 1973 shows he served in Vietnam from 28 NOV 67-30Nov 67. It does not show he served in Germany.
5. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is meant to provide a brief record of active Army service at the time of release from active duty, retirement, or discharge.
2. The applicants Vietnam service spanned two periods of his service. His DD Form 214 for the period ending 27 November 1967 correctly shows he served 11 months and 23 days in Vietnam.
3. The end of the applicants Vietnam service is covered by his DD Form 214 for the period ending 27 August 1973. Since the period covered by this DD Form 214 began on 28 November 1967, and since he departed Vietnam on 30 November 1967, item 30 correctly shows he served in Vietnam from 28 November 1967 through 30 November 1967.
4. However, since only the applicants second DD Form 214 shows his dates of service in Vietnam, that DD Form 214 can be confusing to a layperson looking at it.
5. The applicants DA Form 20 shows he embarked for Vietnam on 5 December 1966 and departed Vietnam on 30 November 1967. As an exception to policy,
item 30 of his DD Form 214 for the period ending 27 August 1973 should be amended to show he served in Vietnam from 5 December 1966 through 30 November 1967.
6. The applicant served in Germany from on or about 2 January 1966 through 6 November 1966. He departed Germany prior to the beginning date (i.e., 28 November 1967) of his DD Form 214 for the period ending 27 August 1973 and therefore is not authorized for entry on this DD Form 214. However, his service in Germany is properly reflected on his DD Form 214 for the period ending 27 November 1967.
7. A copy of the applicants DD Form 214 for the period ending 27 November 1967 will be provided to the applicant for his information/use.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___xx___ ____xx__ ____xx__ 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. 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 27 August 1973 to show he served in Vietnam from 5 December 1966 through 30 November 1967.
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 amending item 30 of his DD Form 214 for the period ending 27 August 1973 to show he served in Vietnam from 28 November 1966 through 30 November 1967.
_______ xxxx_______ ___
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) AR20080006273
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ABCMR Record of Proceedings (cont) AR20080006273
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