IN THE CASE OF:
BOARD DATE: 26 August 2008
DOCKET NUMBER: AR20080010747
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 (Report of Transfer or Discharge) be corrected to show his service in Germany and Vietnam.
2. The applicant states that he served one year in Germany and one year in Vietnam.
3. The applicant provides a copy of his DD Form 214.
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 on 10 June 1968 for a period of 3 years. His DA Form 20 (Enlisted Qualification Record) shows he served in Germany from
17 December 1968 through 4 June 1970 (a total of 1 year, 5 months, and
18 days) and he served in Vietnam from 15 October 1970 through 11 March 1971 (a total of 4 months and 27 days). On 16 March 1971, the applicant was released from active duty.
3. Item 22c (Foreign and/or Sea Service) on the applicants DD Form 214 shows the entry, 0 0 0. Item 30 (Remarks) on his DD Form 214 shows, in pertinent part, the entry, RVN 15 OCT 70.
4. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 22c. The regulation also states that the amount of foreign service will be taken from the Soldiers Enlisted Qualification Record or, if necessary, verified from the Soldiers Military Personnel Records Jacket.
5. The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries Yes or No for service in Indochina and Korea.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant served in Germany from
17 December 1968 through 4 June 1970, a total of 1 year, 5 months, and
18 days.
2. Although the applicant contends that he served one year in Vietnam, evidence of record shows he served in Vietnam from 15 October 1970 through 11 March 1971, a total of 4 months and 27 days.
3. Based on the foregoing, item 22c on the applicants DD Form 214 should be corrected to show he served 1 year, 10 months, and 15 days of foreign service. In addition, item 30 on his DD Form 214 should be corrected to show his inclusive dates of service in Vietnam.
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:
a. deleting the entry in item 22c on his DD Form 214;
b. adding the entry, 1 10 15 in item 22c on his DD Form 214;
c. deleting the entry, RVN 15 OCT 70 in item 30 on his DD Form 214; and
d. adding the entry, Vietnam Service: 15 October 1970 11 March 1971 in item 30 on his DD Form 214.
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 his DD Form 214 to show he served one year in Vietnam.
_______ 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) AR20080010747
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ABCMR Record of Proceedings (cont) AR20080010747
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