BOARD DATE: 17 September 2009
DOCKET NUMBER: AR20090007734
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, that item 22c (Foreign and/or Sea Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his foreign service in the Republic of Vietnam (RVN).
2. The applicant states that the length of his tour of duty in the RVN was omitted from his DD Form 214.
3. The applicant provides a copy of his DD Form 214 in support of this 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's record shows that he was inducted into the Army of the United States on 7 November 1966.
3. The applicant's record contains a DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ), dated 12 January 1968, which shows that the applicant received nonjudicial punishment while assigned to the 229th Supply and Service Company (DS) in Long Binh, RVN.
4. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he was assigned to the 229th Supply and Service Company, APO San Francisco from 12 January 1968 to 31 March 1968, a period of 2 months and 20 days.
5. On 12 November 1968, the applicant was honorably released from active duty after serving 2 years during this period of active service.
6. Army Regulation 635-5 (Separations Documents), in effect at that time, states to enter the total period of active duty served outside of the continental limits of the U.S. for the period covered by the DD Form 214 and to enter the last overseas theater in which the service was performed.
7. Interim Change Number 15 to Army Regulations 635-5, authorized the entry of the country and inclusive dates of foreign service in item 30 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows he served a total of 2 months and 20 days overseas. Evidence of record also shows his last overseas assignment was in the RVN. Therefore, item 22c of this DD Form 214 should be corrected to show 2 months and 20 days.
2. Interim Change Number 13 to Army Regulation 635-5 subsequent to the applicant's separation authorized the entry of the county and inclusive dates of foreign service in item 30 (Remarks) of the DD form 214. As a matter of equity and purely for purposed clarification, item 30 of the applicant's record should be corrected to show "Vietnam--12 January 1968 to 31 March 1968."
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:
a. adding 2 months and 20 days and Vietnam to item 22c of his DD Form 214, and
b. by adding "Vietnam--12 January 1968 to 31 March 1968" to item 30 of his 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.
ABCMR Record of Proceedings (cont) AR20090007734
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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