IN THE CASE OF:	

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090014320 


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 service in the Republic of Vietnam and assignment to the 630th Engineer Company.

2.  The applicant states his DD Form 214 does not list his Vietnam service or his unit of assignment.  This has caused problems in obtaining Department of Veterans Affairs benefits.

3.  The applicant provides a copy of his DD Form 214, dated 1 December 1971; a copy of his DA Form 20 (Enlisted Qualification Record); and copies of various DA Forms 2627-1 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice]), dated on miscellaneous dates while in Vietnam.

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’s records show he enlisted in the Regular Army for a period of 3 years on 2 April 1969 and held military occupational specialty (MOS) 62K (Grader Operator).

3.  His records also show subsequent to completion of MOS training, he was reassigned to the U.S. Army, Europe (USAREUR) and he arrived in Germany on 24 August 1969.  He was assigned to the 547th Engineer Battalion, 130th Engineer Brigade.

4. On 25 March 1970, Headquarters, V Corps published special orders directing his reassignment to U.S. Army, Vietnam (USARV) effective 17 May 1970.   He arrived in Vietnam on 25 May 1970 and was assigned to the 14th Engineer Battalion (Combat).  He was subsequently reassigned to the 630th Engineer Company on 4 June 1970.

5.  On 29 September 1971, Headquarters, 39th Engineer Battalion published special orders directing his reassignment from USARV to the U.S. Army Transfer Station, Fort Lewis, WA, effective 1 November 1971, for the purpose of separation outprocessing.

6.  His records do not indicate the exact date he departed Vietnam; however, his records contain a Standard Form (SF) 502 (Clinical Record - Narrative Summary) that shows he was admitted to the U.S. Army Medical Department Activity (USAMEDDAC), Fort Gordon, GA, in a patient status, on 17 October 1971.

7.  On 26 November 1971, Headquarters, U.S. Army Training Center, Fort Gordon, published special orders directing his release from active duty effective 1 December 1971.

8.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The DD Form 214 he was issued shows he completed 2 years, 7 months, and 28 days of creditable active service during this period.  This form also shows:

	a.  Item 12 (Last Duty Assignment and Major Command) shows the entry "137th Engr Co USAREUR."

	b.  Item 22c (Foreign and/or Sea Service) shows he completed 1 year, 8 months, and 8 days of foreign service and his last overseas theater as "Germany."
	c.  Item 30 (Remarks) shows he was separated on temporary records.

9.  He submitted copies of several DA Forms 2627-1 that confirm he received nonjudicial punishment on 22 June, 6 July, 28 August, and 8 September 1971, while assigned to the 630th Engineer Company in Vietnam.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states:

	a.  Item 12 shows the Soldier's duty assignment at the time of separation/discharge.

	b.  Item 22c shows the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. "USAREUR."

	c.  Item 30 is used for Department of the Army mandatory requirements, when a separate block is not available, and as a continuation entry.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his Vietnam service, the evidence of record shows he arrived in Vietnam on 25 May 1970.  His exact date of departure is unknown, but since he was admitted to a Fort Gordon hospital on 17 October 1971, it is reasonable to presume he departed Vietnam on or about 16 October 1971.  However, at the time of his separation, there was no regulatory requirement to list service in Vietnam on the DD Form 214.  Therefore, there is no basis to show his specific dates of service in Vietnam.

2.  With respect to his unit of assignment, the evidence of record shows he was assigned to the 630th Engineer Company in Vietnam within USARV.  Although at the time of separation he was assigned to USAMEDDAC, Fort Gordon, GA, his DD Form 214 erroneously listed his last unit of assignment as USAREUR with the 137th Engineer Company.  There is no harm to the Army or the Soldier if his unit and the major theater are changed to the 630th Engineer Company, USARV to denote his assignment in the Republic of Vietnam.

3.  With respect to his foreign service, the evidence of record shows his last overseas theater was in USARV.  His DD Form 214 erroneously listed his last period of foreign service as Germany.  His last period of foreign service was in fact in the Republic of Vietnam, therefore, his DD Form 214 should be corrected to show his last period of foreign service as "USARV."

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:

   a.  deleting from item 12 of his DD Form 214 the entry "137th Engineer Company, USAREUR" and replacing it with the entry "630th Engineer Company, USARV," and

	b.  deleting from item 22c of his DD Form 214 the entry "Germany" and replacing it with the entry "USARV."

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 showing his specific dates of service in Vietnam.



      __________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)                                         AR20090014320



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ABCMR Record of Proceedings (cont)                                         AR20090014320



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