BOARD DATE: 20 October 2009
DOCKET NUMBER: AR20090008703
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 his length of service in the Republic of Vietnam as 1 year and 6 months.
2. The applicant states that his DD Form 214 shows he served in the Republic of Vietnam for only 11 months and 29 days. He contends that he actually served for 18 months.
3. The applicant provides, in support of his application, copies of his DD Form 214 and DD Form 215 (Correction to DD Form 214).
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. On 10 January 1966, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 67N (Utility Helicopter Mechanic).
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that was he credited with completion of a normal tour of duty in the Republic of Vietnam from 15 July 1966 to 13 February 1968 (1 year, 6 months, and 29 days).
4. On 19 December 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had attained the rank of specialist five, pay grade E-5, and had completed 2 years, 11 months, and 10 days of creditable active duty service.
5. Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows 11 months and 29 days of service in the Republic of Vietnam.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided, in pertinent part, for an entry in item 22c showing the total amount of foreign service completed during the reported period of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show all of his service in the Republic of Vietnam.
2. The evidence of record clearly shows that the applicant served in the Republic of Vietnam for a period of 1 year, 6 months, and 29 days. Therefore, this overseas service should be shown on 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 showing in item 22c of his DD Form 214: 1 year, 6 months, and 29 days.
____________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) AR20090008703
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ABCMR Record of Proceedings (cont) AR20090008703
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