BOARD DATE: 8 December 2009
DOCKET NUMBER: AR20090011649
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 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 27 August 2004, to delete the entry "Vietnam Service: 16 Apr 65-8 Feb 66."
2. The applicant states that he was not in the Army during that period of time.
3. The applicant provides a copy of his DD Form 215, dated 27 August 2004, in support of his request.
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 records show he enlisted in the Regular Army for a period of 4 years on 15 October 1969. He completed basic combat and advanced individual training and was awarded military occupational specialty 05H (Morse Interceptor).
3. The applicant's records further show that he served in the Republic of Vietnam from on or about 6 September 1970 to on or about 4 September 1971. He was assigned to Company A, Radio Research Station (Airmobile), 101st Airborne Division.
4. He was honorably separated in the rank/grade of specialist five/E-5 on 15 October 1972 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation. The DD Form 214 he was issued contained several administrative errors, specifically his record of service, awards and decorations, and service in Vietnam.
5. On 11 December 1972, he was issued a DD Form 215 that corrected his date of entry from 15 October 1972 to 15 October 1969.
6. On 27 August 2004, he was issued a second DD Form 215 that corrected several administrative errors and listed two periods of service in Vietnam: 16 April 1965 to 8 April 1966 and 6 September 1970 to 4 September 1971.
7. The applicant's record is comingled with that of another Soldier who holds the same name but different service number. It appears that the other Soldier served in Vietnam from 16 April 1965 to 8 April 1966.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Vietnam from on or about 6 September 1970 to on or about 4 September 1971. He did not complete any other period of service in Vietnam. It appears that the DD Form 215 he was issued in August 2004 erroneously credited him for service in Vietnam from 16 April 1965 to 8 February 1966. Therefore, the applicant is entitled to correction of his DD Form 215 to delete the incorrect Vietnam service entry.
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 deleting from his DD Form 215, dated 27 August 2004, the entry "Vietnam Service: 16 Apr 65-8 Feb 66."
__________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.
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