IN THE CASE OF:	  

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080011653 


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 service in the Republic of Vietnam (RVN) be document on his separation document (DD Form 214).   

2.  The applicant states, in effect, that his RVN service not documented on his DD Form 214.   

3.  The applicant provides Army Commendation Medal (ARCOM) orders, certificate and citation 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 applicant’s 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 applicant’s 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 24 October 1966, and was trained in and awarded military occupational specialty (MOS) 62E (Construction Machine Operator).  His  Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 
14 August 1967 through 13 August 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Company, 8th Engineer Battalion, 1st Cavalry Division, performing duties in MOS 62E as a loader operator and dump truck driver.  

3.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards:  National Defense Service Medal (NDSM); ARCOM; Air Medal (AM); Vietnam Service Medal (VSM); RVN Campaign Medal with 1960 Device; Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar; Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar; and 2 Overseas Service Bars.  

4.  On 15 August 1968, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 9 months, and 22 days of active military service.  The DD Form 214 he was issued at the time shows in Item 22c
(Foreign Service) that he completed 1 year and 2 days of overseas service in the United States Army Pacific (USARPAC) overseas theater, which included the RVN.   The awards listed in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) include the VSM and RVN Campaign Medal, which were awarded for the applicant's RVN service.  

5.  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 instructions for preparation of the DD Form 214 contained in the version of the regulation in effect at the time of the applicant's separation stated, in pertinent part, to enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater. 

6.  A 1970 change to the separation documents regulation added the requirement to add the inclusive dates of RVN service completed during the period covered by the DD Form 214 to the remarks section of the DD Form 214.  A 1972 change eliminated the RVN remarks entry and established a specific block to document Indochina and Korea service, which included the requirement to specify RVN service and inclusive dates.  The requirement to document RVN service dates was removed from the version of the regulation published on 
1 October 1979, and has not been required since that date. 

DISCUSSION AND CONCLUSIONS:

1.  The governing regulation in effect at the time of applicant's separation provided no provision for identifying RVN service dates as a separate entry.  The regulation required only that the total overseas service completed during the period covered by the DD Form 214 and the last overseas theater be entered in Item 22c.  The evidence of record confirms the entry in Item 22c of the applicant's DD Form 214 properly documents the applicant's 1 year and 2 days of overseas service in the USARPAC overseas theater, which included the RVN. 

2.  Further, the applicant's RVN service awards are properly recorded in Item 24 of the DD Form 214.  As a result, there is no evidence of any error or injustice related to the overseas service entries on the applicant's DD Form 214. 

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20080011653



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011653


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1