IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100010719
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 that his foreign service be correctly annotated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he served approximately 24 months in Vietnam from 29 March 1967 to 15 February 1969. His DD Form 214 only shows 10 months and 17 days.
3. The applicant provides:
* a letter
* his DD Form 214
* part of his DA Form 20 (Enlisted Qualification Record)
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 inducted into the Army of the United States (AUS) on
5 July 1966 and he was sent to Fort Leonard Wood, MO. Immediately upon arrival at Fort Leonard Wood, on 8 July 1966, after 4 days as an AUS Soldier, he was honorably discharged for the purpose of immediate enlistment in the RA. On 9 July 1966, he enlisted in the RA for 3 years.
3. The applicant completed Basic Combat Training at Fort Leonard Wood. He was then transferred to Fort Eustis, VA for Advanced Individual Training in MOS (military occupational specialty) 67U, Helicopter Repairman.
4. The applicant departed Fort Eustis on or about 2 March 1967 for Vietnam with leave en route. He arrived in Vietnam on or about 29 March 1967. He was assigned to Company A, 15th Transportation Battalion (Aircraft Maintenance), 1st Cavalry Division. He remained with this unit until he departed Vietnam on 15 February 1969 to return to the United States for release from active duty.
5. The applicant returned to Fort Lewis, WA and was honorably separated on 15 February 1969. His DD Form 214, in Block 22 (Statement of Service), shows:
* Block 22a(1) Net Service This Period 2 years 07 months 08 days
* Block 22a(2) Other Service 0 years 00 months 00 days
* Block 22a(3) Total 2 years 07 months 08 days
* Block 22b Total Active Service 2 years 07 months 08 days
* Block 22c Foreign and/or Sea Svc 0 years 10 months 17 days
* Block 22c is also annotated with the acronym "USARPAC" for US Army Pacific
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 22c 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 contends that his DD Form 214 should be correctly annotated to show his Vietnam service.
2. The applicant's records show, with 4 days' prior service, he enlisted in the RA for 3 years on 9 July 1966. The records show he arrived in Vietnam on 29 March 1967 and remained in Vietnam until 15 February 1969. Block 22 of his DD Form 214 should show:
* Block 22a(1) Net Service This Period 2 years 07 months 07 days
* Block 22a(2) Other Service 0 years 00 months 04 days
* Block 22a(3) Total 2 years 07 months 11 days
* Block 22b Total Active Service 2 years 07 months 11 days
* Block 22c Foreign and/or Sea Svc 1 years 10 months 18 days
3. Although the "USARPAC" acronym is not incorrect, it would be more appropriate to use the acronym "USARV" for US Army Vietnam as the location of his foreign service. The Sample DD Forms 214 contained in Army Regulation 635-5 for the period used the "USARV" acronym.
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 the entries in Block 22 of the DD Form 214, issued on 15 February 1969, and adding the following entries:
* Block 22a(1) Net Service This Period 2 years 07 months 07 days
* Block 22a(2) Other Service 0 years 00 months 04 days
* Block 22a(3) Total 2 years 07 months 11 days
* Block 22b Total Active Service 2 years 07 months 11 days
* Block 22c Foreign and/or Sea Svc USARV 1 years 10 months 18 days
_______ _ __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) AR20100010719
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100010719
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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