BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100010645
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 Vietnam service dates in item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "22NOV69 THRU 7MAY70."
2. The applicant states his Vietnam service dates in the remarks section of his DD Form 214 are incorrect.
3. The applicant provides no additional documentary evidence in support of this 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 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. The applicant's military records show he was inducted into the Army of the United States on 25 June 1969. He completed initial entry training, was awarded military occupational specialty 11D (armor reconnaissance specialist), and attained pay grade E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he served a tour of duty in the Republic of Vietnam from 22 November 1969 to 7 May 1970.
4. He was honorably released from active duty on 29 March 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 9 months, and 5 days of creditable active service. Item 30 of his DD Form 214 shows he served in Vietnam from "22NOV70 THRU 7MAY70."
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states 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 service at the time of release from active duty, retirement, or discharge. The regulation in effect at the time provided that inclusive dates of service in Vietnam during the covered period of service would be entered in item 30.
DISCUSSION AND CONCLUSIONS:
1. His DA Form 20 shows he served in the Republic of Vietnam during the period 22 November 1969 through 7 May 1970. As such, he is entitled to have his DD Form 214 corrected to show this period of service.
2. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 the DD Form 214 of the individual concerned be corrected by amending item 30 to show "VIETNAM SERVICE 22NOV69 THRU 7MAY70."
___________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) AR20100010645
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ABCMR Record of Proceedings (cont) AR20100010645
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