IN THE CASE OF:
BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20090018871
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, his service in the Republic of Vietnam be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 28 February 1967.
2. The applicant states he was in the Republic of Vietnam for a 12 month deployment.
3. The applicant provides copies of his DD Form 214 with an effective date of
28 February 1967 and his DD Form 214 with a separation date of 9 August 1972.
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 military personnel records show he enlisted in the Regular Army on 19 February 1965 for a period of 3 years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 64B (Heavy Vehicle Driver).
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from June 1965 to August 1966.
4. On 28 February 1967, the applicant was discharged. Item 22c (Foreign and or Sea Service) contains the entry: 0 0 0 (zero years, months, and days).
5. On 1 March 1967, the applicant reenlisted and continued to serve until his discharge on 9 August 1972.
6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed be entered in Item 22c.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his service in the Republic of Vietnam should be shown on his DD Form 214 with an effective date of 28 February 1967.
2. The entry in item 31 of the applicant's DA Form 20 indicates he served in the Republic of Vietnam for 1 year and 2 months during the period covered by his DD Form 214 with an effective date of 28 February 1967. The last overseas theater in which he served during that period was U.S. Army Vietnam (USARV). Therefore, the entry in item 22c of his DD Form 214 with an effective date of
28 February 1967 should read: USARV 1/2/00 (1 year, 2 months, zero days).
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 amending item 22c of his DD Form 214 with an effective date of 28 February 1967 to read: USARV 1/2/00.
_______ _ __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) AR20090018871
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ABCMR Record of Proceedings (cont) AR20090018871
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