IN THE CASE OF:
BOARD DATE: 16 April 2009
DOCKET NUMBER: AR20080018425
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 DD Form 214 (Report of Separation from Active Duty) to show his overseas service in the Republic of Vietnam.
2. The applicant states that when he returned to service following emergency leave in January 1972, he was assigned to the 720th Military Police Battalion at Long Binh in the Republic of Vietnam until his return to the United States on 24 November 1972.
3. The applicant provides, in support of his application, 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. On 19 January 1971, the applicant was inducted into the Army of the United States for 2 years. Seven days later, he was discharged for the purpose of immediate reenlistment.
3. On 26 January 1971, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 95B (Military Policeman).
4. On or about 4 August 1971, the applicant was assigned for duty in Thailand. On 7 August 1971 he was further assigned for duty as a military policeman with the 281st Military Police Company in Thailand.
5. The applicant was absent without leave during the periods from 29 November 1971 to 5 December 1971 and from 15 December 1971 to 25 January 1972.
6. On or about 26 January 1972, the applicant was assigned for duty with the 720th Military Police Company in the Republic of Vietnam.
7. On 24 November 1972, the applicant departed the Republic of Vietnam for assignment in the United States. On or about 7 January 1973, he was assigned to Fort Lee, Virginia.
8. On 15 March 1974, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist four, pay grade E-4, and had completed 3 years of creditable active duty. He had accrued 49 days of lost time.
9. Item 27 (Remarks) of the applicant's DD Form 214, effective 15 March 1974, shows that the applicant served in Thailand during the period from 4 August 1971 to 24 November 1972. It does not show any service in the Republic of Vietnam.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his service in the Republic of Vietnam is not shown on his DD Form 214.
2. The evidence of record clearly shows that the applicant served overseas in Thailand from 4 August to on or about 28 November 1971 and in the Republic of Vietnam from 26 January 1972 to 24 November 1972. Therefore, this overseas service should be shown on his DD Form 214.
BOARD VOTE:
___X____ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 27: "Item 19: country of Last Foreign Service-Thailand 4 Aug 71 to 24 Nov 72"; and
b. adding to item 27: "Item 19: Service in Thailand from 4 August 1971 to 28 November 1971 and in the Republic of Vietnam from 26 January 1972 to 24 November 1972."
__________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) AR20080018425
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ABCMR Record of Proceedings (cont) AR20080018425
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