IN THE CASE OF:	  

		BOARD DATE:	21July 2009  

		DOCKET NUMBER:  AR20090004054 


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 records to show he served in the Republic of Vietnam (RVN).

2.  The applicant states that his records reflect his service in the Gulf War and in Somalia; however, they do not reflect the time he served in the RVN from 1970 to 1972.  He adds that, although his awards and decorations from Vietnam are recorded on his discharge document, there is no entry that shows the total length of time he served in that theater of operations.

3.  The applicant provides, in support of his application, copies of four DA Forms 67-6 (U.S. Army Officer Efficiency Reports [OER]).

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 was appointed as a commissioned officer in the U.S. Army and entered active duty in the Regular Army on 2 June 1968.

3.  A DA Form 2036 (Officer Record Brief), dated 9 July 1996, in pertinent part, shows in Section I (Assignment Information - Overseas Duty), that the applicant served 21 months in the RVN and returned to the United States in February 1972.  Section IX (Assignment History), in pertinent part, shows the applicant was assigned as a Ranger Battalion Senior Advisor with the Military Assistance Command (RVN) from July 1970 to August 1971.  This item shows he was then assigned as Company Commander, Company D, 2nd Battalion (Airmobile), 327th Infantry (RVN), from September 1971 to November 1972.

4.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty this period on 2 June 1968; he was honorably retired from active duty on 31 August 1997, under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph
6-14c(1), based on sufficient service for retirement; and he transferred to the U.S. Army Reserve Control Group (Retired).  At the time he had completed 29 years, 2 months, and 29 days of net active service and 17 years, 1 month, and 7 days of foreign service.  Item 18 (Remarks), in pertinent part, shows he served in Southwest Asia from 28 December 1990 to 8 May 1991 and in Somalia from 2 December 1992 to 31 May 1993.

5.  In support of his application, the applicant provides copies of four DA Forms 67-6 for the periods 30 March 1970 to 15 February 1971, 16 February to 19 April 1971, 20 April to 3 July 1971, and 19 August 1971 to 21 January 1972.  These documents, in pertinent part, show the applicant was assigned (respectively) to the 76th Ranger Battalion, 41st Ranger Group, MR4 Ranger Command, Advisory Team 96, Pacific Command (PACOM) (RVN); Delta Regional Assistance Command (DRAC), U.S. Army Advisory Group, MR4 Ranger Command, Advisory Team 96, PACOM (RVN); DRAC, MR4 Ranger Command, Advisory Team 96, PACOM (RVN); and Company D, 2nd Battalion (Airmobile), 327th Infantry, 101st Airborne Division (Airmobile), U.S. Army, Pacific (USARPAC) RVN.  These documents also show the earliest date of the applicant’s assignment to the RVN was 30 March 1970 and that an OER was completed based on the applicant’s permanent change of station and departure from the RVN on 21 January 1972.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time the applicant retired from active duty, prescribed 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 established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

7.  Table 2-1 (DD Form 214 Preparation Instructions) of Army Regulation 635-5 contains item-by-item instructions for preparing the DD Form 214.  The instructions for completing item 12 (Statement of Service), block f (Foreign Service), state to enter the total amount of foreign service completed during the period covered in item 12, block c (i.e., the period covered by the DD Form 214).  Obtain the foreign service listed in Section I of the DA Form 4037 (ORB) for officers or item 5 of the DA Form 2-1 (PQR) for enlisted Soldiers to compute this entry.  If necessary, verify the foreign service in the MPRJ/OMPF.  The instructions for item 18 state to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their blocks.  It also states, in pertinent part, for an active duty Soldier deployed with his or her unit during their continuous period of active service enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates; for example, YYYYMMDD-YYYYMMDD)".

8.  As a matter of information related to this application, effective 2 January 1970, change 11 to Army Regulation 635-5 was implemented.  In pertinent part, this document instructed, "[e]nter inclusive dates of service in Vietnam during current period of service."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show he served in Vietnam from 1970 to 1972 because this service was not recorded on the document.

2.  Records show the applicant served continuously on active duty from 2 June 1968 through 31 August 1997.  Records also show the earliest date of the applicant’s assignment in the RVN is documented as 30 March 1970.  Records further show he served continuously in the RVN until 21 January 1972.

3.  The evidence of record shows a previous edition of Army Regulation 635-5 provided guidance to document the inclusive dates of service in Vietnam during the current period of service on the DD Form 214.  Records also show the applicant was not issued a DD Form 214 at any time during his continuous period of active service to document his Vietnam service.  Therefore, although not required by the current regulation, as a matter of equity, it would be appropriate to correct the applicant's DD Form 214 to show the inclusive dates of his service in Vietnam (i.e., 30 March 1970 to 21 January 1972).

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 18 of his DD Form 214 the entry, "SERVICE IN THE REPUBLIC OF VIETNAM FROM 19700330 – 19720121."



      ___________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)                                         AR20090004054



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ABCMR Record of Proceedings (cont)                                         AR20090004054



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