BOARD DATE: 3 September 2009
DOCKET NUMBER: AR20090006526
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 item 18f (Foreign and/or Sea Service This Period) on his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states that he spent 12 months in Vietnam and 16 months in Alaska. He contends that he went from advanced individual training to Vietnam and from there to Alaska which at that time was considered an overseas tour.
3. The applicant provides a copy of his DD Form 214 in support of his application.
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 enlisted in the Regular Army (RA) on 14 January 1971 and trained as an aviation mechanic. On 11 January 1974, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
3. Item 18f of the applicant's DD Form 214 shows he served 1 year, 4 months, and 6 days of foreign service. Item 19 (Indochina or Korea Service Since August 5, 1964) of his DD Form 214 shows an "X" in the "Yes" block and the entry
"6 Sep 71 to 2 Aug 72."
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 6 September 1971 to 2 August 1972 (10 months and 28 days) and he served in Alaska from 6 September 1972 to 11 January 1974 (1 year,
4 months, and 6 days).
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that, for item 18, all service shown in 18(a) through (f) would be less time lost under Title 10, U.S. Code, section 972 and time lost subsequent to expiration term of service. It also stated that, for item 19, for Vietnam service place an x in the "yes" block and show specific dates of service.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends that he spent 12 months in Vietnam, evidence of record shows he served in Vietnam from 6 September 1971 to
2 August 1972 (10 months and 28 days) which is properly reflected in item 19 on his DD Form 214.
2. Evidence of record shows the applicant served in Alaska from 6 September 1972 to 11 January 1974 (1 year, 4 months, and 6 days) which is properly shown in item 18f on his DD Form 214.
3. However, it would be appropriate to correct item 18f to also include his service in Vietnam. Therefore, item 18f on his DD Form 214 should be corrected to show he served 2 years, 3 months, and 4 days of foreign service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ___x_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 18f of the applicant's DD Form 214 the entry "1 4 6" and replacing it with the entry "2 3 4."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 18f to show he served 12 months in Vietnam.
___________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) AR20090006526
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090006526
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150001170
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show the Vietnam Service Medal and Vietnam Campaign Medal. Army Regulation 600-8-22 (Military Awards) states: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 18f of his DD Form 214 the entry, "0-7-0" and adding the entry, "USARPAC 0-7-12" * adding to item 26 of this form: * Vietnam Service Medal with...
ARMY | BCMR | CY2014 | AR20140008952
He states his DD Form 214 does not show his service in Vietnam; however, he was there in 1971. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he completed foreign service in * U.S. Army Europe (USAREUR) from 1 April 1971 to 18 July 1971 * U.S. Army Pacific (USARPAC)/Republic of Vietnam (RVN) from 9 September 1971 through 22 March 1972 * item 38 (Record of Assignments), he was assigned to duty in Vietnam with two units * Company H, 75th Rangers, 3rd...
ARMY | BCMR | CY2012 | 20120000958
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States report of Transfer or Discharge), for the period ending 27 January 1978, to show: * Item 18f (Foreign and/or Sea Service This Period) a credit for his service in Vietnam * Item 26 (Decorations, Medals, Commendations, and Campaign Ribbons Awarded or Authorized) all and any awards he is entitled to 2. ...
ARMY | BCMR | CY2012 | 20120005734
Based on his service in Vietnam, he is entitled to the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show this award. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 20 August 1971 through 19 August 1974 and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2013 | 20130016353
The applicant's military records are not available to the Board. His DA Form 20 shows in: a. item 31 (Foreign Service) that he served in the Vietnam from 3 January 1969 through 25 March 1971 (a period of 2 years, 2 months, and 23 days) and in Germany from 30 April 1972 to 25 April 1974 (a period of 1 year, 11 months, and 26 days); b. item 38 (Record of Assignments) that he was assigned to the U.S. Military Assistance Command Vietnam (MACV) in Vietnam from 11 January 1969 to 24 March 1971;...
ARMY | BCMR | CY2009 | 20090019621
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 May 1981 to show all periods of his foreign service. His previous DD Form 214 (Report of Separation from Active Duty) for the period ending on 4 May 1977 listed 2 years, 10 months, and 11 days of foreign service. Item 22c of the DD Form 214 for the period 11 April 1967 to 29 July 1971 does not show completion of any foreign service.
ARMY | BCMR | CY2004 | 20040003592C070208
Therefore, it would be appropriate to account for this service in Items 18f and 19 of his DD Form 214. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2010 | 20100028938
The applicant provides a DD Form 214 for the period ending 21 January 1971. Evidence shows he served in Korea in 1964/1965 which is properly shown on his DA Form 20 and in item 24c of his DD Form 214 for the period ending 18 March 1965. Evidence shows he served in Germany in 1972/1973 which is properly shown on his DA Form 20 and in item 24c of his DD Form 214 for the period ending 21 January 1974.
ARMY | BCMR | CY2010 | 20100012015
The applicant states his DD Form 214 does not show his foreign service or the awards he earned even though his military records clearly show he served in Vietnam and that he is authorized awards for this service. The applicant provides a DA Form 20 (Enlisted Qualification Record) and two DD Forms 214 in support of this application. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 ending on 19...
ARMY | BCMR | CY2012 | 20120000490
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his foreign service in Korea. There is no evidence of record and he provided none to show he served in Korea during the period covered by this DD Form 214. ______________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.