IN THE CASE OF:
BOARD DATE: 28 April 2011
DOCKET NUMBER: AR20100025546
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his total time spent in Vietnam.
2. He states that his DD Form 214 should reflect his total time spent in Vietnam. His DD Form 214 incorrectly reflects 1 year and 4 days and it should also reflect his second tour from 17 December 1970 through 23 September 1971. He states his first tour was from 12 March 1969 through 6 March 1970.
3. He provides pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record), his DD Form 214, and his DD Form 215 (Correction to DD Form 214).
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 enlisted in the Regular Army on 2 October 1968.
3. His DA Form 20 shows in:
a. Item 31 (Foreign Service) he served in the U.S. Army Pacific (USARPAC), Vietnam from 12 March 1969 through 6 March 1970 (11 months and 25 days) and 17 December 1970 through 23 September 1971 (9 months and 7 days). This is a total of 1 year, 9 months, and 2 days of foreign service.
b. Item 38 (Record of Assignments) he was assigned to the following units in Vietnam:
(1) Company D, 168th Engineer Battalion from 18 March through 5 May
1969;
(2) Company D, 31st Engineer Battalion from 6 May through
14 December 1969;
(3) Headquarters and Headquarters Company, 31st Engineer Battalion
from 15 December 1969 through 5 March 1970; and
(4) Company B, 36th Engineer Battalion from 23 December 1970 through
10 June 1971 (the departure date is not indicated).
4. He was honorably released from active duty on 25 September 1971. Item 22c (Foreign Service) of his DD Form 214 shows he completed 1 year and 4 days of foreign service in the USARPAC.
5. Item 30 (Remarks) on his DD Form 214 shows he served in Vietnam from 12 March 1969 through 25 September 1971. This is a period of 2 years, 6 months, and 14 days of foreign service.
6. He was issued a DD Form 215, dated 11 October 1990, which amended item 22c to reflect 1 year, 9 months, and 2 days of foreign service.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that for enlisted personnel, enter 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 in which service was performed.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 shows he served in Vietnam from 12 March 1969 through 6 March 1970 and 17 December 1970 through 23 September 1971, which is a total of 1 year, 9 months, and 2 years of foreign service.
2. He was issued a DD Form 214 which shows 1 year and 4 days of foreign service in item 22c and his service in Vietnam from 12 March 1969 through 25 September 1971 in item 30.
3. His DD Form 214 was corrected on 11 October 1990 to properly reflect 1 year, 9 months, and 2 days of foreign service in item 22c. However, his Vietnam service in item 30 was not corrected.
4. Based on the evidence of record, it would be appropriate to amend item 30 of his DD Form 214 to reflect his periods of service in Vietnam from 12 March 1969 through 6 March 1970 and 17 December 1970 through 23 September 1971.
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:
a. deleting the entry RVN: 12MAR69-25SEP71 from item 30 of his DD Form 214; and
b. amending item 30 of his DD Form 214 by adding the entry RVN: 12 MARCH 1969 to 6 MARCH 1970 and 17 DECEMBER 1970 to 23 SEPTEMBER 1971.
__________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) AR20100025546
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ABCMR Record of Proceedings (cont) AR20100025546
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