IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100023430
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his service in the Republic of Vietnam (RVN).
2. The applicant states he served in the RVN from March 1967 to March 1968, but this service is not reflected in item 22c (Foreign and/or Sea Service) or elsewhere on his DD Form 214.
3. The applicant provides RVN assignment orders, promotion orders, and his DD Form 214 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 applicant's 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 applicant's 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 record shows he was inducted into the Army of the United States on 18 October 1966. He was trained in and awarded military occupational specialty 76Q (Equipment Repair Parts Specialist).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 13 March 1967 through 7 March 1968. Item 33 (Promotions and Reductions) shows he was promoted to specialist four/E-4 (SP4/E-4) on 1 September 1967 while serving with the 117th Transportation Company (TC), RVN.
4. Item 38 (Record of Assignments) of his DA Form 20 shows that during his RVN tour of duty the applicant served with 117th TC through 2 February 1968 and was assigned to 124th TC and performing duty with the 125th TC for the remainder of his RVN tour. Item 41 (Awards and Decorations) shows he earned both the Vietnam Service Medal (VSM) and RVN Campaign Medal.
5. On 17 October 1968, the applicant was honorably released from active duty after completing 2 years of active military service. The DD Form 214 he was issued contains the entry "0 0 0" in item 22c and there is no entry in item 30 (Remarks) or elsewhere on the form that documents his RVN service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does include the VSM and RVN Campaign Medal in the earned awards listed.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicant's separation provided for entering all service completed outside the continental United States during the period covered by the DD Form 214 and the last theater in which it was performed in item 22c. Later versions of Army Regulation 635-5 during the Vietnam era provided for documenting Vietnam service in the remarks block of the DD Form 214. The current version of the regulation provides for documenting all deployments in the remarks block and the regulation has always provided for entering information of special significance not covered elsewhere on the form in the remarks block.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his RVN service should be reflected on his DD Form 214 has been carefully considered and is found to have merit.
2. The evidence of record confirms the applicant served in the RVN for 11 months and 25 days from 13 March 1967 through 7 March 1968.
3. The regulation governing preparation and distribution of the DD Form 214 in effect at the time provided for entering the total amount of overseas service completed during the period covered by the DD Form 214 and the last theater in which overseas service was performed in item 22c. Therefore, it would be appropriate to correct his record by deleting the current entry in item 22c of the applicant's DD Form 214 and replacing it with the entry "USARV 00 11 25" and to add the entry "VIETNAM SERVICE FROM 19670313-19680307" to item 30.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 his DD Form 214 as follows:
a. item 22c deleting the current entry and replacing it with the entry "USARV 00 11 25" and
b. item 30 adding the entry "VIETNAM SERVICE FROM 19670313-19680307."
____________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) AR20100023430
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100023430
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110000193
Application for correction of military records (with supporting documents provided, if any). The evidence of record confirms the applicant served in the RVN for 2 years, 2 months, and 21 days, from 1 March 1967 through 21 May 1969, as evidenced by the entry in item 31 of the applicants DA Form 20 and corroborated by documents on file in his MPRJ. Further, versions of the regulation governing preparation and distribution of the DD Form 214 during the Vietnam era provided for documenting...
ARMY | BCMR | CY2010 | 20100027304
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to document his service in the Republic of Vietnam (RVN) and all awards due based on this RVN service. Army Regulation 600-8-22 (Military Awards) provides the Armys awards policy. Therefore, his DD Form 214 should be corrected to show these awards.
ARMY | BCMR | CY2011 | 20110023036
His DA Form 20 (Enlisted Qualification Record) shows: a. in item 31 (Foreign Service) he was credited with service in Vietnam from 11 July 1966 to 4 July 1967; b. in item 38 (Record of Assignments) he was assigned to the 736th Medical Detachment (Military Provincial Health Assistance Program) and attached to the U.S. Military Assistance Command Vietnam (MACV), U.S. Army Pacific (USARPAC), from 16 July 1966 to 3 July 1967; and c. in item 41 (Awards and Decorations) he was authorized the: *...
ARMY | BCMR | CY2008 | 20080011653
Application for correction of military records (with supporting documents provided, if any). Further, the applicant's RVN service awards are properly recorded in Item 24 of the DD Form 214. As a result, there is no evidence of any error or injustice related to the overseas service entries on the applicant's DD Form 214.
ARMY | BCMR | CY2014 | 20140005598
Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 6 October 1967 to on or about 21 September 1968. Army Regulation 600-8-22 states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the...
ARMY | BCMR | CY2009 | 20090001032
He further states no RVN service awards are listed on the DD Form 214. The evidence of record confirms the applicant served on active duty for 1 year, 9 months, and 15 days between 9 March 1967 and 23 December 1968 and that he had no prior military service. Therefore, it would be appropriate and serve the interest of justice and equity to award the applicant the AGCM for his qualifying honorable active duty service from 9 March 1967 through 23 December 1968 and to add this award to his...
ARMY | BCMR | CY2004 | 20040007586C070208
The applicant’s active duty military records were not provided to the Board. Item 22c (Foreign Service) of the applicant’s 1 February 1968 DD Form 214 also shows that he completed 3 years, 11 months and 15 days of overseas service during the period of active duty documented by the separation document. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 24 of his 1 February 1968 DD Form 214 by adding the Bronze...
ARMY | BCMR | CY2006 | 20060008732C071029
The evidence of record also includes orders confirming he was awarded the BSM and ARCOM for meritorious service while serving on active duty. Records show the applicant should have discovered the alleged errors now under consideration on 31 December 1968; therefore, the time for the applicant to file a request for correction of any error expired on 30 December 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2010 | 20100026715
Application for correction of military records (with supporting documents provided, if any). Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he served 1 year of foreign service in U.S. Army Vietnam (USARV). The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater (e.g., USARV) in which the service was performed would be entered in item 22c.
ARMY | BCMR | CY2010 | 20100023463
The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 4 June 1965 through 14 April 1966 in item 31 (Foreign Service). The evidence of record confirms the applicant served in the RVN from 4 June 1965 through 14 April 1966 and that his unit was awarded the MUC during his tenure of assignment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected as follows: a. awarding him the Army Good Conduct...