IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20110000193
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 item 22c (Foreign and or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states with the exception of training, he served his entire 2 and 1/2 years of active service in the Republic of Vietnam (RVN); however, item 22c of his DD Form 214 only shows he served overseas 1 year, 1 month, and
25 days.
3. The applicant provides his DD Form 214 in support of his application.
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 record shows the applicant enlisted in the Regular Army on
29 September 1966, and he was trained in and awarded military occupational specialty 95B (Military Policeman) after completing advanced individual training at Fort Gordon, Georgia, on 10 February 1967.
3. The applicants DA Form 20 (Enlisted Qualification Record):
a. item 31 (Foreign Service) shows he served in the RVN from 1 March 1967 through 21 May 1969.
b. Item 38 (Record of Assignments) shows the applicant served with Company B, 716th MP Battalion, RVN from the time of his arrival in the RVN in March 1967 through his departure from the RVN in May 1969.
4. The applicants Military Personnel Records Jacket (MPRJ) contains separation orders issued by the U.S. Army Personnel Center, Oakland, California, dated 24 May 1969, which show the applicant was separated on this date, at this center upon his return from the RVN.
5. On 24 May 1969, the applicant was honorably released from active duty, in the rank of sergeant/E-5, after completing 2 years, 7 months, and 26 days of active military service. Item 22c of the DD Form 214 he was issued at the time contains an entry indicating he completed 1 year, 1 month, and 25 days of overseas service. Item 30 (Remarks) contains no entry regarding RVN service.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicant's separation provided for entering all service completed outside the continental United States during the period covered by the DD Form 214 and the last theater in which it was performed in item 22c.
7. Later versions of Army Regulation 635-5 during the Vietnam era provided for documenting Vietnam service in the Remarks item of the DD Form 214. The current version of the regulation provides for documenting all deployments in the Remarks block and the regulation has always provided for entering information of special significance not covered elsewhere on the form in the Remarks item.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct item 22c of his DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant served in the RVN for 2 years, 2 months, and 21 days, from 1 March 1967 through 21 May 1969, as evidenced by the entry in item 31 of the applicants DA Form 20 and corroborated by documents on file in his MPRJ. As a result, it appears the entry in item 22c was the result of an administrative error and it would be appropriate to correct this entry accordingly.
3. Further, versions of the regulation governing preparation and distribution of the DD Form 214 during the Vietnam era provided for documenting RVN service in the Remarks item of the DD Form 214. The current version provides for documenting all deployments in the Remarks item. All versions of the regulation always provided for entering information of special significance not covered elsewhere on the form in the Remarks item. Given the significance of his RVN service and the absence of any indication of this service on his DD Form 214, it would be appropriate and serve the interest of equity to amend item 30 of his
DD Form 214 by adding the entry "SERVICE IN VIETNAM FROM 19670301-19690521."
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:
a. deleting the current entry from his DD Form 214, item 22c, and adding
adding "02 02 21"; and
b. adding to item 30 of his DD Form 214 the entry "SERVICE IN VIETNAM FROM 19670301-19690521."
_______ _ 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.
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