BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100016858
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 to show he served in Vietnam from 11 March 1968 to 11 October 1969, instead of 11 October 1968.
2. The applicant states he served in Vietnam from 11 March 1968 to 11 October 1969 and from 3 January 1971 to 12 December 1971. However, his DD Form 214 inadvertently listed his first period through 11 October 1968 instead of 1969.
3. The applicant provides his DD Form 214, Special Orders Number 272, a citation for award of the Army Commendation Medal, and his Individual Flight Record and Flight Certificate - Army.
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. Having had prior enlisted service, the applicant's records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant with concurrent call to active duty on 16 December 1966.
3. His records also show he served in Vietnam from 11 March 1968 to 11 October 1969 with the 74th Aviation Company and/or 11th Combat Aviation Battalion and from 3 January 1971 to 9 December 1971 with the 212th Aviation Battalion and/or 62nd Aviation Company.
4. He was honorably released from active duty on 13 December 1971 in the rank of captain and he was transferred to the U.S. Army Reserve Control Group to complete his service obligation.
5. Item 30 (Remarks) of his DD Form 214 shows the entry "Vietnam service 11March 1968 - 11 October 1968 and 3 January 1971 - 12 December 1971."
6. He submitted the following documents:
* Special Orders Number 272, issued by Headquarters, 17th Aviation Group (Combat) on 1 October 1969 listing his DEROS (Date Eligible to Return from Overseas) as 12 October 1969
* A citation for award of the Army Commendation Medal for meritorious service from April 1969 to September 1969
* Individual flight record closing on 10 October 1969
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant completed two periods of service in Vietnam from 11 March 1968 to 11 October 1969 and from 3 January 1971 to 12 December 1971. It appears his DD Form 214 inadvertently listed his first period through 11 October 1968 instead of 1969. Therefore, he is entitled to correction of his December 1971 DD Form 214 to show his first period of service in Vietnam was through 11 October 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:
* Deleting from item 30 of his December 1971 DD Form 214 the entry "Vietnam Service: 11 Mar 68 - 11 Oct 68 and 3 Jan 71 - 12 Dec 71"
* Adding to item 30 of his December 1971 DD Form 214 the entry Vietnam Service: 11 Mar 68 - 11 Oct 69 and 3 Jan 71 - 12 Dec 71"
_______ _ 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) AR20100016858
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