IN THE CASE OF:
BOARD DATE: 26 January 2010
DOCKET NUMBER: AR20090012827
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 that item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states that item 30 of his DD Form 214 reads "RVN [Republic of Vietnam] 14Jan69-30Jul70," but he left the Republic of Vietnam on 30 July 1969. He states he only spent 7 months in the Republic of Vietnam and then he was sent to Hawaii until his discharge on 1 July 1970.
3. The applicant provides a copy of his DD Form 214 with a separation date of 1 July 1970 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 was inducted into the Army of the United States on 7 August 1968. He successfully completed basic and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank he attained was sergeant/pay grade E-5.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 14 January 1969 through 30 July 1969 and that he was assigned to Company C, 4th Battalion, 39th Infantry, 9th Infantry Division as a rifleman.
4. His DA Form 20 shows he served in the U.S. Army Pacific-Hawaii from
31 July 1969 through 28 June 1970. He served with Company C, 100th Battalion, 442nd Infantry and with Company C, 2nd Battalion, 5th Infantry as a squad leader.
5. The applicant was honorably released from active duty on 1 July 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve service obligation. He was issued a DD Form 214 that shows he served on active duty for 1 year, 10 months, and 25 days with foreign service credit of 1 year, 4 months, and 17 days in the U.S. Army Pacific.
6. Item 30 of the applicant's DD Form 214 shows the entry "RVN 14Jan69-30Jul70."
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. An earlier version of Army Regulation 635-5, in effect on 27 January 1970, provided that item 30 of the DD Form 214 would show the Soldier's inclusive dates of service in Vietnam during the current period of service.
DISCUSSION AND CONCLUSIONS:
Based on the evidence of record, the applicant's service in the Republic of Vietnam was from 14 January 1969 to 30 July 1969. It should be noted that both the Vietnam and Hawaii geographic locations were within the U.S. Army Pacific Command. Therefore, he is entitled to have his DD Form 214 corrected to show this service period as stated below.
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 item 30 "14JAN69-30JUL70" and adding "Service in Vietnam: "14JAN69 to 30JUL69."
_______ _ _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) AR20090012827
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090012827
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140006924
The applicant states he was wounded in action (WIA) on 20 May 1969 in the Republic of Vietnam (RVN); however, the Purple Heart (PH) is not listed on his DD Form 214. The evidence of record shows: a. GOs awarded the applicant the AM and the AGCM (1st Award); b. the applicant qualified for award of the VSM and he participated in one campaign during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2012 | 20120012333
Records show the applicant's subsequent assignments as: a. The available evidence shows the applicant was a patient at the USNH in Guam. _____________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.
ARMY | BCMR | CY2011 | 20110002020
Evidence of record shows the applicant served in Vietnam from 2 February 1968 to 1 February 1970. Although it was not until March 1972 that Change Number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his Vietnam service during the period 2 February 1968 to 1 February 1970 at this time. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110021667
He received all "excellent" conduct and efficiency rating during his active duty service; there is no evidence of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal; he attained the rank of sergeant (SGT); and he received multiple awards for meritorious service and achievement, and one for valor. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 22 June 1968 through 12 December 1969 and...
ARMY | BCMR | CY2013 | 20130017279
Application for correction of military records (with supporting documents provided, if any). The Vietnam Service Medal was authorized for service in the RVN for the period after 3 July 1965 through 28 March 1973. b. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal. There is no evidence of record to show he ever served in the RVN during this enlistment.
ARMY | BCMR | CY2013 | 20130017279
Application for correction of military records (with supporting documents provided, if any). The Vietnam Service Medal was authorized for service in the RVN for the period after 3 July 1965 through 28 March 1973. b. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal. There is no evidence of record to show he ever served in the RVN during this enlistment.
ARMY | BCMR | CY2014 | 20140004457
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded three Army Commendation Medals (ARCOM (3rd Award)) and the Air Medal with "V" Device. His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal (1st Oak Leaf Cluster) * Purple Heart * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * Aircraft Crewman's...
ARMY | BCMR | CY2006 | 20060013090C071029
The applicant requests, in effect, award of the Combat Infantryman Badge (CIB); and that correction of his separation document (DD Form 214). The DD Form 214 issued to the applicant upon his retirement shows, in Item 12f (Foreign Service), the he completed 4 years, 5 months, and 23 days of overseas service during the period covered by the DD Form 214 (16 July 1975-26 June 1981). Item 13 will contain all authorized award, as contained in the Army's awards regulation, for all periods of service.
ARMY | BCMR | CY2009 | 20090013490
The applicant requests, in effect, that his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the dates of his service in the Republic of Vietnam (RVN) and that he be awarded the Combat Infantryman Badge (CIB). Therefore, it would be appropriate to correct item 30 of his DD Form 214 by deleting the current "VN Service: None" entry in item 30 and replacing it with the entry "Vietnam Service: 19690111-19700107" which documents...
ARMY | BCMR | CY2011 | 20110006355
The applicant requests correction of his DD Form 214 to show his dates of service in Vietnam. Also, item 30 should be corrected to show his dates of service in the RVN. 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 as follows: a. deleting the entries from item 22c, b. adding the entries "USARPAC" and "01 00 22" to item 22c, c. deleting the entry "VN SERVICE: NVAL" from item 30, d. adding the...