IN THE CASE OF:
BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100029343
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 he served in South Vietnam from October 1965 to October 1966.
2. He states the Department of Veterans Affairs Hospital told him he needed his Vietnam tour date shown on his DD Form 214 before he can take the Agent Orange test for his medical conditions.
3. He provides his 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 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 enlisted in the Regular Army on 14 May 1965.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he served in Vietnam from 10 October 1965 to 9 October 1966
* item 38 (Record of Assignments) he was assigned to Headquarters Company or Company B, 588th Engineer Battalion (Combat), in Vietnam from 8 January 1966 to 27 September 1966
4. He was honorably released from active duty on 25 April 1968. Item 22c (Foreign Service) of his DD Form 214 shows he completed 2 years, 5 months, and 11 days of foreign service in U.S. Army Pacific and U.S. Army Europe.
5. Item 30 (Remarks) of his DD Form 214 does not show any foreign service.
DISCUSSION AND CONCLUSIONS:
1. Item 31 of the applicant's DA Form 20 shows he served in Vietnam from 10 October 1965 to 9 October 1966.
2. He was issued a DD Form 214 which shows he completed 2 years, 5 months, and 11 days of foreign service in Vietnam and Germany. However, item 30 of his DD Form 214 does not show his service in Vietnam.
3. Therefore, it would be appropriate to amend item 30 of his DD Form 214 to reflect his period of service in Vietnam from 10 October 1965 to 9 October 1966.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 to show the entry "Vietnam: 10 October 1965 to 9 October 1966."
_____________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) AR20100029343
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100029343
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