IN THE CASE OF:	  

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090013186 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his duty military occupational specialty (MOS) and that he served in the Republic of Vietnam (RVN).

2.  The applicant states that he served in the RVN in duty MOS 13B4O/13E4O (Reconnaissance Sergeant/Forward Observer) while assigned to A Battery,
6th Battalion, 77th Artillery, and attached to the 25th Infantry Division.  He also states that he obtained a copy of a document from his records located at the National Personnel Records Center that shows he served in duty MOS 13B4O and 13E4O.  He also states that he needs his DD Form 214 corrected to support his claim with the Department of Veterans Affairs (VA).

3.  The applicant provides, in support of his application, a copy of page 3 of a
DA Form 20 (Enlisted Qualification Record).

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.  The applicant was inducted into the U.S. Army for a period of 24 months on 23 February 1966.

3.  The applicant's DA Form 20 shows in:

	a.  item 22 (Military Occupational Specialties) he was awarded MOS 13A1O (Field Artillery Basic) on 21 January 1967;

   b.  item 31 (Foreign Service) he arrived in the RVN on 1 May 1967;

   c.  item 38 (Record of Assignments), in pertinent part, that he served in:

       (1) Duty MOS 13A1O (Reconnaissance and Survey) while he was assigned to A Battery, 6th Battalion, 77th Artillery, with attachment to the
25th Division Artillery from 1 May 1967 through 24 November 1967; and 

       (2)  Duty MOS 13B4O/13E4O (Reconnaissance Sergeant) while he was assigned to A Battery, 6th Battalion, 77th Artillery, with attachment to the 
25th Division Artillery beginning 25 November 1967. 

4.  Battery A, 6th Battalion, 77th Artillery, Unit Orders Number 1, dated 1 January 1968, show the applicant was appointed to the temporary grade of specialist four (E-4) in MOS 13A1O.

5.  The applicant's DD Form 214 shows he entered active duty on 23 February 1966, was honorably released from active duty (REFRAD) on 10 February 1968, and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  At the time he had completed 
1 year, 11 months, and 18 days of net active service.  His DD Form 214 also shows in:
  
   a.  item 22 (Statement of Service), block c (Foreign and/or Sea Service) he completed 9 months and 8 days;

   b.  item 23a (Specialty Number and Title) MOS 13A1O, Field Artillery Basic; and

   c.  item 30 (Remarks) does not show an entry pertaining to the applicant's service in Vietnam.

6.  During the processing of this case, an ABCMR staff member contacted the applicant regarding both his duty MOS and service in Vietnam.  In response, the applicant reiterated his desire to have his duty MOS appear on his DD Form 214, he also indicated that he would like his DD Form 214 to reflect the actual period of his service in Vietnam.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important that the information entered thereon is complete and accurate as of that date.  This regulation provides in:

   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) guidance on the preparation of the DD Form 214.

   b.  This regulation states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The following paragraphs provide the following:

       (1)  Paragraph 51 (item 22c), subparagraph b (Enlisted personnel), in pertinent part, states enter the total active duty outside continental limits of the United States for the period covered by the DD Form 214.

       (2) Paragraph 52 (item 23a), in pertinent part, states enter the primary MOS code number and title.

       (3)  Paragraph 62 (item 30) states the "Remarks" section will be used to complete entries too long for their respective blocks.  There was no requirement to enter the inclusive dates of service in Vietnam during the applicant's period of service.

8.  As a matter of information related to this application, effective 2 January 1970, change 11 to Army Regulation 635-5 was implemented.  In pertinent part, this document instructed, "[e]nter inclusive dates of service in Vietnam during current period of service."
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his duty MOS and that he served in Vietnam.

2.  Item 35 of the applicant's DA Form 20 shows he served in duty MOS 13B4O/ 13E4O with duty as a Reconnaissance Sergeant from 25 November 1967 through the remainder of his tour of duty in the RVN.  Thus, the applicant's military service records reflect his duty MOS and title during his service in the RVN.  However, there is no requirement to show an individual's Duty MOS on the DD Form 214.  Therefore, the applicant is not entitled to correction of his
DD Form 214 in this instance.

3.  Records show the applicant arrived overseas in the RVN on 1 May 1967 and that he was honorably REFRAD on 10 February 1968.  Thus, it is reasonable to conclude that he served in the RVN through 9 February 1968.

4.  A calculation of the applicant's period of service in the RVN (i.e., from 1 May 1967 through 9 February 1968) shows it equates to 9 months and 8 days.  The evidence of record shows that item 22 (block c) of the applicant's DD Form 214 shows this foreign service.

5.  A change to Army Regulation 635-5 subsequent to the applicant's REFRAD implemented guidance to document the inclusive dates of service in Vietnam during the current period of service on the DD Form 214.  Therefore, as a matter of equity, it would be appropriate to correct the applicant's DD Form 214 to show his service in the RVN from 1 May 1967 through 9 February 1968.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____x___  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 30 of his DD Form 214 the entry, "SERVICE IN VIETNAM:
1 MAY 1967 - 8 FEBRUARY 1968/ /NOTHING FOLLOWS."

2.  The Board further determined that the evidence presented is insufficient to 
warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the individual's duty MOS.  



      _______ _   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)                                         AR20090013186



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ABCMR Record of Proceedings (cont)                                         AR20090013186



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