BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100011266
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 8 December 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct dates of his service in the Republic of Vietnam (RVN).
2. The applicant states item 30 on his DD Form 215 (Correction to DD Form 214) incorrectly lists his Vietnam service from 19 December 1968 to
13 September 1969.
3. The applicant provides a copy of his DD Form 214, DD Form 215, and Special Orders Number 313, dated 11 November 1969.
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's military records show he was inducted into the Army of the United States on 15 April 1968. He served 1 year, 7 months, and 24 days and was honorably released from active duty on 8 December 1969.
3. Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214, shows he served in the United States Army Pacific (USARPAC) for 1 year and 1 day. There is no entry in item 30 (Remarks) of this form to show the applicant's service in Vietnam. However, item 30, of the applicant's DD Form 215 added "Vietnam Service 19 December 1968 to 13 September 1969."
4. Special Orders Number 313, dated 11 November 1969, show the applicant departed the United States enroute to the RVN on 8 December 1968. His date eligible for return from overseas was listed as 7 December 1969.
5. Item 31 (Foreign Service) of the applicants DA Form 20 (Enlisted Qualification Record) shows his from and through date in USARPAC as
8 December 1968 to 7 December 1969. He was credited with a 12-month completed tour.
6. Army Regulation 635-5 (Separation Documents) provides guidelines for the preparation of the DD Form 214. The regulation states that all available records will be used for the preparation of this form. The DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation provides a brief description of each entry made on the form. The regulation instructs the preparer to enter in item 30, service in Vietnam only as "Vietnam - 25 April 1970 through 28 May 1971."
DISCUSSION AND CONCLUSIONS:
The information provided by the applicant is consistent with his orders, his DA Form 20, and the 1 year and 1 day of foreign service credit listed on his DD Form 214 (even though it is off by one day). It is noted that the applicant did not request correction to this area of his DD Form 214, and the Board will not take action. However, he may request correction, if he so desire, at a later date. Therefore, in the interest of equity, it would be appropriate to correct the applicant's record to show he served in Vietnam from 8 December 1968 to
7 December 1969.
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 adding to item 30 of his 8 December 1969 DD Form 214 "Vietnam Service
8 December 1968 to 7 December 1969."
_______ _ 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) AR20100011266
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ABCMR Record of Proceedings (cont) AR20100011266
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