IN THE CASE OF:
BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100009446
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) for the period ending 25 March 1972 to show his correct dates of service in the Republic of Vietnam (RVN).
2. The applicant states his RVN services dates are incorrect and should read from 30 June 1968 - 7 July 1969.
3. The applicant provides copies of his reassignment orders to the RVN in June 1968 and his DD Form 214 for the period ending 25 March 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 records show he accepted an appointment as a Reserve Warrant Officer in the U.S. Army Reserve (USAR) on 4 June 1968 as an 062B (Utility and Light Cargo Single Rotor Helicopter Pilot) and entered active duty that date.
3. His DA Form 66 (Officer Qualification Record) shows, in Item 17 (Foreign Service), that he served in Vietnam during the period 30 June 1968 through
7 July 1969. Item 18 (Record of Assignments) shows that during his tour in Vietnam he was assigned to the 118th Assault Helicopter Company on 3 July 1968.
4. On 28 July 1970, he was honorably discharged to accept an appointment as a commissioned officer and ordered to active duty on 29 July 1970. The
DD Form 214 he was issued at the time shows, in Item 22c (Foreign and/or Sea Service), that he completed 1 year and 8 days of overseas service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Medal, Army Aviator Badge, Army Good Conduct Medal, Vietnam Service Medal, Air Medal, Republic of Vietnam Campaign Medal with Device (1960), and two overseas bars. Item 30 (Remarks) shows the entry "Vietnam Service - inclusive dates -
30 Jun 68 - 7 Jul 69."
5. On 25 March 1972, he was honorably released from active duty and transferred to the USAR Control Group (Standby). Item 30 shows the entry "Vietnam Service: 30 Jun 69 - 7 Jul 69; 27 Jul 71 - 22 Mar 72; Indochina - Yes."
6. The applicant provided a copy of Headquarters, 145th Combat Aviation Battalion, Special Orders Number 173, dated 5 July 1968, which shows he departed the United States en route to Vietnam on 30 June 1968. These orders are also contained in his personnel records.
7. Army Regulation 635-5 (Separation Documents) prescribes separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. It states to indicate Indochina and Korea Service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Sample entry to show service in Vietnam only is as follows: "Vietnam 25 April 70 through 28 may 71, Indochina-yes, Korea-no."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 for the period ending
25 March 1972 to show he served in Vietnam from 30 June 1968 - 7 July 1969.
2. The record contains special orders, a DA Form 66, and a DD Form 214 for the period ending 28 July 1970, which confirm he served in Vietnam from 30 June 1968 through 7 July 1969.
3. His Vietnam service for the period 30 June 1968 - 7 July 1969 is accurately shown on his DD Form 214 for the period ending 28 July 1970. As such, it would be appropriate to correct his DD Form 214 for the period ending 25 March 1972 to show the same correct service dates for his first completed tour in Vietnam. Therefore, his DD Form 214 for the period ending 25 March 1972 should be corrected to show he completed his first tour of duty in Vietnam during the period 30 June 1968 through 7 July 1969.
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 of his DD Form 214 for the period ending 25 March 1972 entry "30 Jun 69 - 7 Jul 69" and replacing it with the entry "30 Jun 68 - 7 Jul 69."
____________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) AR20100009446
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ABCMR Record of Proceedings (cont) AR20100009446
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