IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080013448
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 Vietnam be shown on his DD Form 214 (Report of Transfer or Discharge) for the period ending 26 July 1966.
2. The applicant states, in effect, that his service in Vietnam is not indicated on this DD Form 214. He contends that his service in Vietnam qualifies him to register in the Agent Orange Registry and he cannot do so until his DD Form 214 is corrected.
3. The applicant provides a DD Form 214 for the period ending 26 July 1966; orders; and a newspaper article.
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 U.S. Army Reserve on 12 November 1965 for a period of 6 years. He was ordered to active duty for training on 27 December 1965 and was released from active duty on 26 July 1966.
3. The applicants DD Form 214 for the period ending 26 July 1966 does not show any service in Vietnam.
4. The applicant was ordered to active duty on 13 May 1968 for a period of
2 years. He served in Vietnam from 5 September 1968 through 26 August 1969 (a total of 11 months and 22 days) and was released from active duty on
30 August 1969.
5. Item 22c (Foreign and/or Sea Service) on the applicants DD Form 214 for the period ending 30 August 1969 shows he served 11 months and 22 days in USARPAC [U.S. Army Pacific].
6. 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. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that 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 a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. Evidence of record shows the applicant served in Vietnam from 5 September 1968 through 26 August 1969 which is properly reflected on his DD Form 214 for the period ending 30 August 1969. Since he served in Vietnam after his first release from active duty on 26 July 1966, there is no basis for granting his request to show his service in Vietnam on his DD Form 214 for the period ending 26 July 1966.
3. A copy of the DD Form 214 for the period ending 30 August 1969 will be provided to the applicant.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___XX_____ __XX______ _____XX___ 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.
______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) AR20080013448
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080013448
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