IN THE CASE OF:
BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100009684
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 (Certificate of Release or Discharge from Active Duty) ending 28 August 1983 to show his service in the Republic of Vietnam.
2. The applicant states he completed a 1-year tour of duty in the Republic of Vietnam, but his DD Form 214 only shows 2 months and 14 days in item 12f (Foreign Service).
3. The applicant provides a copy of his DD Form 214 ending 28 August 1983.
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. On 26 June 1969, the applicant entered active duty in the U.S. Army. He completed his initial training and was awarded military occupational specialty 76W (Petroleum Storage Specialist).
3. On or about 6 December 1969, the applicant was assigned for duty in the Republic of Vietnam. As of 26 February 1970, the applicant had served about 2 months and 21 days in the Republic of Vietnam.
4. On 27 February 1970, he reenlisted in the Regular Army. His DD Form 214 for the period ending 26 February 1970 is not available for review.
5. On 26 February 1973, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).
6. The applicant's DD Form 214 ending 26 February 1973 shows he served in the Republic of Vietnam for 11 months and 6 days.
7. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows in item 5 (Overseas Service):
a. 6 December 1969 to 11 November 1970 (11 months and 6 days), completed tour in the Republic of Vietnam;
b. 29 August 1975 to 28 August 1978 (36 months), completed tour in the Federal Republic of Germany; and
c. 28 January 1981 to 11 April 1981 (2 months and 14 days), incomplete tour in the Republic of Korea.
8. Item 35 (Record of Assignments) of the applicant's DA Form 2-1 shows the applicant had no active duty service from 27 February 1973 to 11 March 1973. On 12 March 1973 he enlisted in the Regular Army and remained on active duty until 28 August 1983 when he was discharged due to the expiration of his term of service.
9. Item 12f of the applicant's DD Form 214 ending 28 August 1983 shows 2 months and 14 days.
10. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides for an entry in item 12f of the total amount of foreign service completed during the current period of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 ending 28 August 1983 should be corrected to show his service in the Republic of Vietnam.
2. The available evidence clearly shows the applicant completed a tour of duty in the Republic of Vietnam and that the majority of this foreign service is shown on his DD Form 214 ending 26 February 1973. It is presumed that his DD Form 214 ending 26 February 1970, which is unavailable for review, shows 2 months and 21 days of his foreign service in the Republic of Vietnam.
3. The applicant's DD Form 214 ending 28 August 1983 shows the 2 months and 14 days of service in the Republic of Korea that he served during this period of active duty service. Because his service in the Republic of Vietnam was during a previous period of active duty, it is not authorized to be recorded on his DD Form 214 ending 28 August 1983.
4. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100009684
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ABCMR Record of Proceedings (cont) AR20100009684
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