IN THE CASE OF:
BOARD DATE: 24 May 2011
DOCKET NUMBER: AR20100027002
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 that his DD Form 214 (Report of Transfer or Discharge) and his other service records be corrected to show his service in Vietnam from 28 June 1967 to 27 June 1968.
2. The applicant states, in effect, that his DD Form 214 and DA Form 20 (Enlisted Qualification Record) should show he served in Vietnam or with U.S. Army Vietnam (USARV) rather than U.S. Army Pacific (USARPAC).
3. The applicant provides copies of his DD Form 214 and pages 2 and 3 of his DA Form 20 whereon he highlighted USARPAC.
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 was inducted into the Army of the United States on 6 September 1966, completed training as a communications message clerk, and served in Vietnam from on or about 29 June 1967 to 24 June 1968.
3. Item 31 (Foreign Service) of his DD Form 214 shows he departed for Vietnam on 29 June 1967. Available orders show he was assigned to the Replacement Detachment, 1st Administration Company, Vietnam, on 2 July 1967 prior to assignment to Headquarters and Headquarters Battery, 1st Battalion, 5th Artillery Regiment, 1st Infantry Division, USARPAC, on 8 July 1967.
4. He was promoted to sergeant/E-5 and awarded the Army Commendation Medal during his service in Vietnam. The distribution listing on Headquarters, 1st Infantry Division, General Orders Number 6411, dated 3 July 1968, awarding him the Army Commendation Medal included the Commanding General, USARV.
5. He returned to the United States and was released from active duty on 27 June 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows his awards include the Vietnam Service Medal and Republic of Vietnam Campaign Medal.
6. 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 and states that for service on or after 5 August 1964, to enter the inclusive dates of service for Vietnam in the Remarks block.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his service in Vietnam from 28 June 1967 to 27 June 1968 was carefully considered and appears to have partial merit.
2. The applicant's records show he served in Vietnam from on or about 29 June 1967 to 24 June 1968. Therefore, it would be appropriate to amend his DD Form 214 to show this period of service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry "SERVICE IN VIETNAM FROM 29 JUNE 1967 TO 24 JUNE 1968" to item 30 (Remarks) of his DD Form 214.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing his service in Vietnam from 28 June 1967 to 27 June 1968.
____________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) AR20100027002
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ABCMR Record of Proceedings (cont) AR20100027002
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