DOCKET NUMBER: AR20090001398
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, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in the Republic of Vietnam (RVN).
2. The applicant states, in effect, that his DD Form 214 does not show he served in Vietnam. He also states that he served in Vietnam from November 1967 through June 1968. He left on emergency leave and did not return; however, he was exposed to Agent Orange in Bien Hoa during the first Tet Offensive in 1968. The applicant states he was providing documentation of all of his duty assignments; however, this documentation was not submitted with his application. He also states, in effect, that his records and orders should be used as evidence of his service in Vietnam.
3. In support of his application, 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's military records show he was inducted into the Army of the United States, in pay grade E-1, on 13 December 1966.
3. The applicant's reconstructed DA Form 20 (Enlisted Qualification Record), dated 27 November 1968, shows he served in Vietnam from approximately 1 September 1967 to 1 July 1968.
4. Special Orders Number 200, dated 26 September 1968, show the applicant was attached to Headquarters, Fort MacArthur, California, from 31 July to 26 September 1968 pending a decision for a hardship separation.
5. The applicant's records contain a priority unclassified message wherein it was stated, in effect, that the applicant had reported to Oakland, California, from Fort MacArthur on 28 September 1968 and placed on hold. He was released from the command on 12 December 1968 for the purpose of separation action.
6. The applicant was honorably released from active duty, in pay grade E-4, on 18 December 1968, at the expiration of his term of service. He was transferred to the United States Army Reserve Control Group (Annual). He was credited with 2 years net active service. He was also credited with 6 days of lost time due to AWOL.
7. Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows zero foreign credit. Item 30 (Remarks) shows no service in the Republic of Vietnam (RVN).
8. Army Regulation 635-5 (Separation Documents), in effect at the time, specified that item 22c would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed, e.g., "Foreign and/or Sea Service USARPAC [United States Army Pacific]" which is the theater command code.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record further shows the applicant served in Vietnam from 1 September 1967 to 1 July 1968, a period of 10 months and 1 day. Therefore, he is entitled to have his DD Form 214, Items 22c and 30, corrected to show "USARPAC 10 months and 1 day" and "RVN: 1 September 1967 to 1 July 1968," respectively. Correction to Item 22c does not require any adjustment to the other items in Item 22 (Statement of Service) of the DD Form 214.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
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 amending Item 22c of his DD Form 214 to show he was credited with 10 months and 1 day service in the United States Army Pacific (USARPAC), by showing in Item 30 he served in the Republic of Vietnam from 1 September 1967 to 1 July 1968, and by providing him a correction to his separation document that includes these changes.
_______ _ __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) AR20090001398
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ABCMR Record of Proceedings (cont) AR20090001398
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