IN THE CASE OF:
BOARD DATE: 12 MAY 2009
DOCKET NUMBER: AR20090000111
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 Transfer or Discharge) to show his service in the Republic of Vietnam (RVN).
2. The applicant states that the DD Form 214 is the only discharge record he has and that he was told that it does not show him as a Vietnam veteran. He would like and need to have this record corrected to show he is a Vietnam veteran.
3. The applicant provides a copy of his DD Form 214, dated 9 March 1964, in support of his request.
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's records show that he enlisted in the Regular Army for a period of 3 years on 24 March 1961. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 121.2329 (Combat Engineer). He was honorably released from active duty on
9 March 1964 in the rank/grade of specialist five (SP5)/E-5 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
3. Section 5 (Service Outside Continental United States) of the applicants DA Form 24 (Service Record) shows he departed Travis Air Force Base, CA, on 17 July 1962 and arrived in Okinawa on 19 July 1962. He then departed Okinawa on 23 October 1962 and arrived in the RVN on 23 October 1962. He departed the RVN on 19 April 1963 and arrived in Okinawa on 22 April 1963. He finally departed Okinawa on 7 March 1964 and arrived at Travis Air Force Base, CA, on the same date. He was assigned to the 1st Special Forces Group (Airborne).
4. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year, 7 months, and 21 days of foreign service in the U.S. Army Pacific Command (USARPAC).
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Combat Infantryman Badge, the Armed Forces Expeditionary Medal, the Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 of the version in effect at the time contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that item 24c will show total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. USAEUR (U.S. Army Europe), USARPAC, etc. Furthermore, item 32 is used for Headquarters, Department of the Army mandatory requirements, when a separate block is not available, and/or as a continuation entry.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his service in the Republic of Vietnam.
2. The evidence of record shows that the applicant completed 1 year, 7 months, and 21 days of foreign service in the USARPAC. His service in the RVN from 23 October 1962 to 19 April 1963 is included in this period of foreign service as the RVN was part of USARPAC.
3. At the time of the applicants separation, there was no regulatory requirement to list service in Vietnam on the DD Form 214. However, as an exception to policy, and in the interest of clarity, there is no harm to the Army or the Soldier if his service in Vietnam is listed in item 32 of 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 adding to item 32 of the applicant's DD Form 214 the entry RVN service from 23 October 1962 to 19 April 1963.
_______XXX_______________
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) AR20090000111
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