IN THE CASE OF:
BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100010067
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 from September 1965 to October 1965.
2. The applicant states he was in Vietnam from September 1965 to October 1965, but his DD Form 214 does not show it.
3. The applicant provides a copy of his DD Form 214 and his DA Form 24 (Service Record) in support of his application.
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 enlisted in the Regular Army on 30 October 1962. He served in Korea from 25 March 1963 to 24 April 1964 (a period of 1 year and 1 month).
3. Section 2 (Chronological Record of Military Service) on his DA Form 24 shows he served in Vietnam from 17 September to 11 October 1965 (a period of 25 days). Section 5 (Service Outside Continental United States) on his DA Form 24 shows he departed Charleston, SC on 18 August 1965 and arrived in Qui Nhon Vietnam on 16 September 1965.
4. The applicant was released from active duty on 18 October 1965. Item 24c (Foreign and/or Sea Service) on his DD Form 214 shows he completed 1 year, 1 month, and 27 days of foreign service in the U.S. Army Pacific Command (USARPAC).
5. Item 12 (Last Duty Assignment and Major Command) on his DD Form 214 shows his last duty assignment was in the U.S. Army, Vietnam (USARV).
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The version in effect at the time directed that the total active duty outside the continental United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed would be entered in item 24c.
7. The global security website states USARPAC is the Army Service Component Command to the Commander in Chief USARPAC, less the geographic area of Korea. USARPAC commands active U.S. Army and Army Reserve forces in Alaska, Hawaii, Japan, and in possessions and trust territories administered by the United States in USARPAC. During the Vietnam War, USARPAC provided combat forces, training, and logistical support for USARV.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends his service in Vietnam from September 1965 to October 1965 is not shown on his DD Form 214, item 24c shows he completed 1 year, 1 month, and 27 days of foreign service in USARPAC which captures the applicants total overseas service in Korea and Vietnam.
2. Since the applicants service in Vietnam is properly reflected in item 24c of his DD Form 214, there is no basis for granting the applicants request.
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) AR20100010067
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ABCMR Record of Proceedings (cont) AR20100010067
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