IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100018578
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 item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his foreign service.
2. The applicant states his DA Form 20 (Enlisted Qualification Record) shows he served two tours in Vietnam which is not reflected on his DD Form 214.
3. The applicant provides no additional documentary evidence in support of his 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 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 enlisted in the Regular Army on 15 September 1966. He completed initial entry training and he was awarded military occupational specialty 11B (light weapons infantryman). The highest rank/grade he attained during his service was sergeant (SGT)/E-5.
3. He was honorably released from active duty on 26 August 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. His DD Form 214 shows he completed 2 years, 11 months, and 12 days of total active service. Item 22c of this form shows 4 months and 11 days of foreign service.
4. His records contain two DA Forms 20. One of these forms shows he served in the Republic of Vietnam during the period 23 February 1967 through 14 January 1968 while assigned to 1st Battalion, 7th Cavalry, 1st Cavalry Division. The other form shows he served during the period 16 April through 19 August 1969 while assigned to the Security Guard Company, U.S. Army Vietnam at Long Binh.
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 for item 22c, enter the total active duty outside the continental limits of the U.S. for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The applicants DA Forms 20 show he served in Vietnam during two periods of time which when totaled equals 1 year, 2 months, and 26 days. Therefore, it would be appropriate to correct item 22c of his DD Form 214 to show his total amount of foreign service.
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 22c of his DD Form 214 the entry "0 4 11" and replacing it with the entry "1 02 26."
____________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) AR20100018578
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ABCMR Record of Proceedings (cont) AR20100018578
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