IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20100028078
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 to Item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 January 1970.
2. He states his record of service in Vietnam was from 28 February 1968 through 20 February 1969, a period of 11 month and 23 days. Item 22c of his 1970 DD Form 214 shows he was credited with 10 months and 23 days of foreign service. The mistake was made by the person calculating time and typing the discharge.
3. He provides copies of his 1970 and 1974 DD Forms 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 applicants military records show he enlisted in the Regular Army (RA), in pay grade E-1, on 20 January 1967, for 3 years. He completed training and was awarded military occupational specialty 13E (Field Artillery Intelligence and Operations Assistant).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 27 February 1968 through 20 February 1969, a period of 11 months and 24 days. He was assigned to Headquarters and Headquarters Battery, 7th Battalion, 11th Artillery.
4. He was honorably released from active duty in pay grade E-5 on 19 January 1970, at the expiration of his term of service, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He was credited with 3 years of active service. Item 22c of this DD Form 214 shows a credit of 10 months and 23 days of foreign service and RVN (Republic of Vietnam).
5. He was honorably discharged from the USAR on 12 April 1971 for the purpose of enlistment in the RA. He again enlisted in the RA on 13 April 1971 and was honorably discharged on 18 January 1974. He was issued a DD Form 214 showing in Item 19 (Indochina or Korea Service Since August 5, 1964) Yes, 27 February 1968-20 February 1969.
6. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. It stated Item 22c would list the total active duty outside continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. RVN.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served in Vietnam from 27 February 1968 through 20 February 1969, a period of 11 months and 24 days. He was issued a DD Form 214 upon his release from active duty on 19 January 1970 crediting him with 10 months and 23 days of foreign service. Therefore, he is entitled to correction to Item 22c of this DD Form 214 to show a credit of 11 months and 24 days of foreign service. Correction to Item 22c does not require any adjustment to the other blocks in Item 22 (Statement of Service).
2. In view of the foregoing, his records should be corrected as recommended below.
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 22c of the applicant's DD Form 214 for the period ending 19 January 1970 to show a credit of 11 months and 24 days of foreign service and providing him a document including this change.
_______ _ 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) AR20100028078
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ABCMR Record of Proceedings (cont) AR20100028078
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