IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080010422
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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his service in the Republic of Vietnam was from 14 July 1969 to 14 July 1970.
2. The applicant states that his DD Form 214 incorrectly shows that he served in the Republic of Vietnam from 5 August 1971 to 18 April 1972.
3. The applicant provides copies of his two DD Forms 214 and assignment orders to the Republic of Vietnam, 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. On 11 March 1968, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 44C (Welder).
3. On 16 October 1968, the applicant was assigned for duty as a welder with the 2nd Battalion, 32nd Armor Regiment, in the Federal Republic of Germany.
4. On 27 April 1969, the applicant was honorably discharged for the purpose of immediate reenlistment. On 28 April 1969, he reenlisted in the Regular Army for 3 years.
5. On 29 May 1969, the applicant was placed on orders for duty in the Republic of Vietnam. He arrived in the Republic of Vietnam on or about 11 July 1969.
6. On 17 July 1969, the applicant was assigned for duty as a welder with the 69th Engineer Battalion (Construction). On 3 July 1970, the applicant returned to the United States for duty at Fort Carson, Colorado.
7. On 11 August 1971, the applicant was assigned for duty as a welder with the 1st Battalion, 32nd Armor Regiment, in the Federal Republic of Germany. He returned to the United States on 18 April 1972.
8. On 19 April 1972, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation. He had attained the rank of specialist five (SP5), pay grade E-5 and had completed a total of 4 years, 1 month, and 10 days of creditable active duty.
9. Item 30 (Remarks) of the applicants DD Form 214 effective 19 April 1972, shows that he served in the Republic of Vietnam from 5 August 1971 to 18 April 1972.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows that the applicant served in the Republic of Vietnam from 11 July 1969 to 3 July 1970. Therefore, his records should be corrected to show this period of overseas service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ____X__ 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:
a. deleting from Item 30 (Remarks) of his DD Form 214, effective 19 April 1972, RVN 5 AUG 1971 - 18 APR 1972; and
b. adding to Item 30 (Remarks) of this same DD Form 214, RVN 11 July 1969 - 3 July 1970.
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 showing his service in the Republic of Vietnam as exactly 14 July 1969 to 14 July 1970.
__________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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080010422
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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