IN THE CASE OF:
BOARD DATE: 9 September 2009
DOCKET NUMBER: AR20090005754
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 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Vietnam.
2. The applicant states that he served in Vietnam and his military records show that he served there; however, the Army was not recording Vietnam service on the DD Form 214 when he was released from active duty (REFRAD).
3. The applicant provides, in support of his application, a copy of his DD Form 214 with an effective date of 16 February 1967.
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 enlisted in the U.S. Army and entered active duty for a period of 3 years on 17 February 1964. Upon completion of training, he was awarded military occupational specialty 67Q (Single Engine-Single Rotor Helicopter Repairman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 31 (Foreign Service) he served overseas in the Republic of Vietnam (RVN) from 17 September 1964 through 8 October 1965.
b. Item 38 (Record of Assignments), in pertinent part, he was assigned to the 573rd Transportation Detachment (RVN) and served as a Single Engine Helicopter Mechanic from 19 September 1964 through 8 October 1965.
4. The applicant's DD Form 214 shows he was honorably REFRAD on
16 February 1967 and transferred to the U.S. Army Reserve Control Group (Reinforcement). At the time he had completed 3 years of net active service.
a. Item 22 (Statement of Service), block c (Foreign and/or Sea Service), shows he completed 1 year and 22 days of foreign service and contains the entry "FECOM" (i.e., Far East Command).
b. Item 30 (Remarks) does not contain an entry for Vietnam service.
5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date.
a. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.
b. Paragraph 51 (Item 22c), subparagraph b (Enlisted personnel), in pertinent part, states enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater where service was performed (e.g., "Foreign and/or Sea Service (USAREUR)").
c. Paragraph 62 (Item 30) states the "Remarks" section will be used to complete entries too long for their respective blocks. There was no requirement to enter the inclusive dates of service in Vietnam during current period of service.
6. 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 that his DD Form 214 should be corrected to show he served in Vietnam because this service was not recorded on the document; however, it became a regulatory requirement to record Vietnam service on the DD Form 214 subsequent to his separation from active duty.
2. Records show the applicant served in the RVN from 17 September 1964 through 8 October 1965 and he was honorably REFRAD on 16 February 1967.
3. The evidence of record shows a change to the Separation Documents regulation, subsequent to the applicant's REFRAD, implemented guidance to document the inclusive dates of service in Vietnam during the current period of service on the DD Form 214. Therefore, as a matter of equity, it would be appropriate to correct the applicant's DD Form 214 to show his service in Vietnam from 17 September 1964 through 8 October 1965.
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 30 of his DD Form 214 the entry, "SERVICE IN VIETNAM:
17 FEBRUARY 1964 - 8 OCTOBER 1965/ /NOTHING FOLLOWS."
_______ _ 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) AR20090005754
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