IN THE CASE OF:
BOARD DATE: 20 August 2009
DOCKET NUMBER: AR20090005220
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 he was stationed in the RVN from November 1968 to March 1969 but his DD Form 214 does not show this period of service.
3. The applicant provides a copy of his DD Form 214, dated 30 March 1969, 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 applicants records show he enlisted in the New Jersey Army National Guard (NJARNG) for a period of 6 years on 27 January 1965. He was subsequently ordered to active duty for training (ACDUTRA) on 25 March 1965, completed basic combat and advanced individual training, and was awarded military occupational specialty 63A (Mechanic Maintenance Apprentice). He was honorably released from ACDUTRA to the control of his ARNG unit on 23 August 1965.
3. On 3 January 1968, the applicant was ordered to active duty for a period of 2 years. He was initially assigned to Fort Knox, KY, from 8 January 1968 to 13 June 1968 and was subsequently reassigned to the 237th Maintenance Company, Fort Meade, MD, on 17 June 1968.
4. The applicants records further show he served in the U.S. Army Pacific Command (USARPAC) from on or about 21 October 1968 to on or about 24 March 1969 when the 237th Maintenance Company proceeded on a permanent change of station to the continental United States.
5. He was honorably released from active duty in the rank/grade of private first class (PFC)/E-3 on 30 March 1969 and transferred to the U.S. Army Reserve Administrative Center, St. Louis, MO, for completion of his remaining service obligation. The DD Form 214 he was issued shows he completed 1 year, 7 months, and 18 days of creditable active service during this period.
6. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 5 months and 7 days of foreign service.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal.
8. Item 30 of his DD Form 214 does not show any service in the RVN.
9. On 8 August 1991, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added award of the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).
10. 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 the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that item 22c 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. USAREUR (U.S. Army Europe), USARPAC, etc. Furthermore, item 30 is used for Department of the Army mandatory requirements, when a separate block is not available, and 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 5 months and 7 days of foreign service in USARPAC from on or about 21 October 1968 to on or about 24 March 1969. At the time of his separation, there was no regulatory requirement to list service in the RVN 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 the RVN is listed in item 30 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 22c of the applicants DD Form 214 the entry USARPAC and to item 30 the entry RVN service from 21 October 1968 to 24 March 1969.
_______ _ _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.
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