IN THE CASE OF:
BOARD DATE: 29 December 2010
DOCKET NUMBER: AR20100017056
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 that portion of item 30 (Remarks) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows "VN Service: 3 Sep - 3 Sep 70" to show "3 Sep 69 - 3 Sep 70."
2. The applicant states item 30 does not show the correct dates.
3. The applicant provides his DD Form 214 and Special Orders Number 147.
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 that he enlisted in the Regular Army on 4 February 1969. He completed initial entry training, was awarded the military occupational specialty of medical supply and parts specialist, and was promoted to pay grade E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 3 September 1969 to 3 September 1970 and 6 May to 18 December 1971.
4. He was honorably released from active duty on 19 December 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 2 years, 10 months, and 16 days of creditable active service. Item 30 of his DD Form 214 contains, in part, the entry, "VN Service: 3 Sep - 3 Sep 70 6 May 71 - 18 Dec 71."
5. Army Regulation 635-5 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. It further prescribed entry of service in Vietnam in item 30, Vietnam -- DATE THRU DATE.
DISCUSSION AND CONCLUSIONS:
His DA Form 20 shows he served in Vietnam during the period 3 September 1969 to 3 September 1970. As such, he is entitled to correction of item 30 on his DD Form 214 to show "VN Service: 3 Sep 69 - 3 Sep 70" instead of "3 Sep - 3 Sep 70."
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 amending item 30 of his DD Form 214 to show to show "VN Service: 3 Sep 69 - 3 Sep 70" instead of "3 Sep - 3 Sep 70."
__________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) AR20100017056
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ABCMR Record of Proceedings (cont) AR20100017056
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