BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20100030340
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:
* the correct spelling of his first name in item 1 (Last Name First Name Middle Name)
* his first tour of duty in Vietnam
* his duty assignments in Vietnam
2. The applicant states:
* his first name is misspelled in item 1 of his DD Form 214
* he served just under 2 full years in Vietnam
* his first year in Vietnam and his assignments are not shown on his DD Form 214
* his DD Form 214 only shows his second tour in Vietnam which means there is a year lost
* his DD Form 214 does not show his temporary duty status and deployment into Cambodia/Laos in May 1970
3. The applicant provides four photographs depicting him, armored vehicles, weapons, and ammunition.
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. A DD Form 215 (Correction to DD Form 214), dated 6 January 2011, corrected the applicant's first name in item 1 of his DD Form 214. This portion of his request will not be discussed further in this Record of Proceedings. A copy of the DD Form 215 will be provided to the applicant.
3. He enlisted in the Regular Army on 19 March 1968 for a period of 3 years. He arrived in Vietnam on 17 August 1968. His DA Form 20 (Enlisted Qualification Record) shows he served as a heavy vehicle driver assigned to the 669th Transportation Company in Vietnam from 22 August 1968 to 17 August 1969. He arrived in Vietnam for a second tour of duty on 7 May 1970. He served as a heavy vehicle driver assigned to the 543rd Transportation Company in Vietnam from 10 May 1970 to 28 November 1970. He was assigned to the 321st Transportation Company in Vietnam from 29 November 1970 to 19 January 1971. On 20 January 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
4. Item 30 (Remarks) of his DD Form 214 shows he served two tours of duty in Vietnam from 17 August 1968 to 17 August 1969 and from 7 May 1970 to 19 January 1971. Since both of his tours of duty in Vietnam are shown on his DD Form 214, this portion of his request will not be discussed further in this Record of Proceedings.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. There was no provision to show temporary duty assignments or any assignment other than the unit of assignment upon separation on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Although the applicant requests correction of his DD Form 214 to show his duty assignments in Vietnam, the governing regulation contains no provision to show any assignment other than the unit of assignment upon separation on the DD Form 214. His duty assignments are properly shown on his DA Form 20.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x__ ____x____ __x______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20100030340
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100030340
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