BOARD DATE: 24 August 2010
DOCKET NUMBER: AR20100008480
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 Item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states Item 22c reflects 7 months and 2 days of foreign service, but he served 8 months and 2 days of foreign service in Vietnam.
3. The applicant provides a copy of his DD Form 214.
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 10 July 1967 for 2 years. He was trained in and awarded military occupational specialty 95B (military policeman (MP)) and he was sent to Vietnam where he served with the 101st MP Company.
3. There are no orders in the applicant's records showing his transfer from the United States to Vietnam or from Vietnam to the United States. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) indicates he served in Vietnam from 1 November 1968 through 2 July 1969 at his expiration of term of service (ETS). This is a period of 8 months and 2 days.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Instructions for Item 22c state to enter the total amount of foreign service completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants his foreign service time on his DD Form 214 changed to reflect 8 months and 2 days instead of 7 months and 2 days.
2. The only document in the applicant's records that sheds any light on his service in Vietnam is his DA Form 20. Item 31 of that form shows he served from 1 November 1968 to 2 July 1969, a period of 8 months and 2 days. Therefore, his DD Form 214 should be corrected accordingly.
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 22c of his DD Form 214 the entry "0 7 2" and replacing it with the entry "0 8 2."
__________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) AR20100008480
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100008480
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