IN THE CASE OF:
BOARD DATE: 28 April 2011
DOCKET NUMBER: AR20100026304
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, in effect, correction of item 30 (Remarks) of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the correct dates he served in the Republic of Vietnam (RVN).
2. He states the time he was physically stationed in Vietnam is incorrect. He served two and a half tours from December 1967 through December 1969, and from February through July 1970. He contends that none of the time he spent with the 553rd Heavy Equipment Maintenance (HEM) Company was included.
3. He provides:
* a DD Form 214
* a membership certificate
* his Army Commendation Medal (ARCOM) documentation
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. His military personnel record shows he enlisted in the Regular Army on
21 July 1967 for 3 years. After the completion of training, he served in military occupational specialty 62F (Crane Shovel Operator).
3. His DA Form 20 (Enlisted Qualification Record) shows the following:
* Item 31 (Foreign Service):
* U.S. Army Pacific (USARPAC) Vietnam from 9 December 1967 through 24 July 1969
* USARPAC Vietnam from 8 February through 11 July 1970
* Item 38 (Record of Assignments) shows:
* he was assigned to the 553rd HEM Company, USARPAC from
12 December 1967 through 21 July 1969
* he was assigned with the 512th Quartermaster Company, USARPAC from 11 February through (end date not shown)
4. He provided an Association of the First Logistical Command certificate that shows he was a fully accredited member in good standing. The certificate was presented on 21 April 1969 in the RVN.
5. He also provided copies of an ARCOM award certificate and the citation. These documents show he was awarded the ARCOM for meritorious service in support of military operations in the RVN during the period July 1969 to July 1970.
6. His DD Form 214 shows he was honorably released from active duty (REFRAD) on 11 July 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve Service Obligation. He completed 2 years, 11 months, and 21 days of net service and 2 years and
19 days of foreign service in USARPAC. Item 30 contains the entry: RVN:
8 FEB 70 11 JUL 70.
7. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The edition of the regulation in effect at the time of his REFRAD prescribed, in paragraph 51b, that the total amount of foreign service completed during the period covered by the DD Form 214 would be entered in Item 22c (Foreign and/or Sea Service) and the theater of service would be identified (e.g., USARPAC for Korea and Vietnam). There was no requirement, at the time, to make an entry in item 30 pertaining to foreign service.
DISCUSSION AND CONCLUSIONS:
1. Item 31 of his DA Form 20 shows he completed two tours of service in Vietnam from 9 December 1967 through 24 July 1969 and from 8 February through 11 July 1970.
2. Although there was no regulatory requirement for item 30 of the DD Form 214 to show both periods of Vietnam service it would be appropriate to amend item 30 to show both periods as "RVN: 9 DEC 67 24 JUL 69 and 8 FEB 70
11 JUL 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 by deleting the entry RVN: 8 FEB 70 11 JUL 70; and adding the entry "RVN: 9 DEC 67 24 JUL 69 and 8 FEB 70 11 JUL 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) AR20100026304
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100026304
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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