Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100026304
Original file (20100026304.txt) Auto-classification: Approved

		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 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.  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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026304



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110011591

    Original file (20110011591.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and correction of item 22c (Foreign and/or Sea Service) to show he served in the Republic of Vietnam (RVN) for 1 year, 9 months, and 24 days. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the: * National Defense Service Medal * Vietnam...

  • ARMY | BCMR | CY2009 | 20090003957

    Original file (20090003957.txt) Auto-classification: Approved

    The applicant provides, in support of his application, his DA Form 20 (Enlisted Qualification Record), reviewed on 2 June 1970 and audited 30 October 1973; Headquarters, U.S. Army Support Element, Military Region 1 (Vietnam), General Orders Number 148, dated 4 July 1972; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 26 October 1969; and DD Form 214 (Report of Separation from Active Duty) with an effective date of 17 May 1974. The...

  • ARMY | BCMR | CY2013 | 20130018365

    Original file (20130018365.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualifying period of active duty enlisted service. c. Despite the absence of the unit commander's recommendation for award of the AGCM at the time of the applicant's separation processing, based on the available evidence, and notwithstanding 2 days bad time, it would be appropriate to award the applicant this medal. As a result, the...

  • ARMY | BCMR | CY2010 | 20100019063

    Original file (20100019063.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Therefore, his DD Form 214 should be corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b. deleting from item 30 of his DD Form 214 the entry "RVN - 3 Sep 67 - 25 Sep 78," c. adding to item 24 of his DD Form 214 the: *...

  • ARMY | BCMR | CY2011 | 20110002020

    Original file (20110002020.txt) Auto-classification: Approved

    Evidence of record shows the applicant served in Vietnam from 2 February 1968 to 1 February 1970. Although it was not until March 1972 that Change Number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his Vietnam service during the period 2 February 1968 to 1 February 1970 at this time. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2011 | 20110005550

    Original file (20110005550.txt) Auto-classification: Approved

    He states that these Items should be corrected to confirm his service dates and Vietnam service. His record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 29 July 1967, that shows he enlisted in the RA on 29 July 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 17c of his DD Form 214 for the period ending 24 July 1970 the entry "29 July 1970" and replacing...

  • ARMY | BCMR | CY2012 | 20120012201

    Original file (20120012201.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The applicant requests correction of his DD Form 214 to show his service in Vietnam and his correct DOB. 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 Good Conduct Medal for the period 18 March...

  • ARMY | BCMR | CY2014 | 20140009486

    Original file (20140009486.txt) Auto-classification: Approved

    His DA Form 20 (Enlisted Qualification Record) shows in: a. item 27 (Military Education): blank; b. item 28 (Specialized Training): * Army Training Program, 2 May 1968 * Code of Conduct, 11 March 1968 * Uniform Code of Military Justice (UCMJ), 11 March 1968 * Geneva Convention, 30 July 1968 c. item 38 (Record of Assignment) he served in the Republic of Vietnam (RVN) from 17 February to 5 August 1969, while assigned to the Headquarters and Support Battery, 2nd Battalion, 40th Artillery, 199th...

  • ARMY | BCMR | CY2011 | 20110023036

    Original file (20110023036.txt) Auto-classification: Approved

    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 | CY2014 | 20140016228

    Original file (20140016228.txt) Auto-classification: Approved

    The applicant states his DD Form 214 indicates overseas service but does not show he served in Vietnam. Although it was not until March 1972 that change number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his service in the RVN during the period 7 May 1967 through 3 December 1968 to his DD Form 214. As a result, the Board recommends that all Department of the Army records of...