IN THE CASE OF:
BOARD DATE: 3 November 2009
DOCKET NUMBER: AR20090008954
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 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 21 September 1968.
2. The applicant states that he arrived in Vietnam in July 1967 and departed September 1968 and his foreign service should be corrected to read 1 year,
2 months, and 8 days instead of 1 year and 8 days.
3. The applicant provides his DD Form 214 and U.S. Army Aviation Materiel Command Special Orders Number 116, dated 5 July 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 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 on 11 August 1966 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and was later awarded MOS 35K (Avionics Mechanic).
3. U.S. Army Aviation Materiel Command (USAAVCOM) Special Orders Number 116, dated 5 July 1967, show that the applicant's arrival month in Vietnam was August 1967 with U-21 Training prior to being assignment to a unit. The orders show his EDCSA (Effective Date of Change of Strength Accountability, or the date a Soldier is dropped on the rolls of one unit and picked up by another) from USAAVCOM as 14 August 1967. This is presumed to be the date he departed USAAVCOM.
4. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he arrived in Vietnam and was assigned to the U.S. Army Vietnam (USARV) Flight Detachment, 210th Combat Aviation Battalion on 17 August 1967.
5. On 20 September 1968, the applicant departed Vietnam. He was honorably released from active duty on 21 September 1968 and transferred to the U.S. Army Reserve (Control Group).
6. Item 22c of the applicant's DD Form 214 shows he served 1 year and
8 days of Foreign Service in Vietnam.
7. 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 preparation of the DD Form 214. For item 22c it stated, enter total duty outside continental limits of the U. S. for the period covered by the DD Form 214 and the last oversea theater in which service was performed.
DISCUSSION AND CONCLUSIONS:
The applicant contends that he arrived in Vietnam in July 1967 and departed September 1968 and that his foreign service should be corrected to read 1 year,
2 months, and 8 days instead of 1 year and 8 days. However, there is no evidence and the applicant has not provided evidence that shows he arrived in Vietnam in July 1967. USAAVCOM Special Orders Number 116, dated 5 July 1967, show the applicant as a loss on 14 August 1967 and his DA Form 20 shows him arriving in Vietnam on 17 August 1967. Therefore, his DD Form 214 showing his Foreign Service as 1 year and 8 days appears to be correct.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ____X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20090008954
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ABCMR Record of Proceedings (cont) AR20090008954
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