IN THE CASE OF:
BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100009448
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 he served in Vietnam.
2. The applicant states his DD Form 214 does not specifically show he served in Vietnam, only that he served 11 months and 29 days of foreign service. He needs this correction to apply for medical benefits.
3. The applicant provides a statement and 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 a 2-year inductee in the Army of the United States. His records show:
* he entered active duty on 2 October 1964
* he took Basic Combat Training at Fort Dix, NJ
* he took Advanced Individual Training at Fort Leonard Wood, MO
* he was awarded military occupational specialty (MOS) 76A (Light Truck Driver)
* he was assigned to the 554th Ordnance Company, Fort Leonard Wood
3. Letter Orders Number 3-33, Headquarters, Fort Leonard Wood, dated 19 March 1965, directed the movement of the 554th Ordnance Company from Fort Leonard Wood to Vietnam. The applicant's name was on the personnel roster for unit movement. He arrived in Vietnam on 25 April 1965.
4. The applicant's records show he departed Vietnam on 23 April 1966. Special Orders Number 124, Headquarters, U.S. Army Personnel Center, Oakland CA, dated 4 May 1966, show the applicant returned to the United States on 24 April 1966 via Travis Air Force Base. He was further assigned to Fort Lee, VA to complete his active service.
5. The applicant served in Vietnam a total of 11 months and 29 days.
6. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214. The regulation in effect during the applicant's period of service stated for enlisted Soldiers, Item 24c (Foreign and/or Sea Service) would be completed as follows: "Enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed [emphasis added]."
DISCUSSION AND CONCLUSIONS:
1. The applicant would like his Vietnam service noted on his DD Form 214.
2. Army Regulation 635-5 specified that the last overseas theater would be annotated in Item 24c. The applicant's DD Form 214 should reflect "USARV" for US Army Vietnam in Item 24c.
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 correcting Item 24c of his DD Form 214 to reflect his service in "USARV."
_______ _ _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) AR20100009448
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ABCMR Record of Proceedings (cont) AR20100009448
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