Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110000265
Original file (20110000265.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20110000265 


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 his foreign service dates.

2.  The applicant states these dates are not listed on his DD Form 214.

3.  The applicant 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.  His military records show he was inducted into the Army of the United States on 7 August 1967.  He completed initial entry training and he was awarded military occupational specialty 11D (Armor Intelligence Specialist).  Pay grade 
E-4 was the highest grade that he achieved.
3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 6 March to 22 September 1968.

4.  On 6 August 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time is void of any entries in item 22 (Statement of Service) which contains the following sub-items:

* Item 22a(1) (Net Service this Period) 
* Item 22a(2) (Other Service)
* Item 22a(3) Total (Line (1) plus Line (2))
* Item 22b (Total Active Service)
* Item 22c (Foreign and/or Sea Service)

5.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.  

6.  Army Regulation 635-5, chapter 2, in effect at the time, contained guidance on the preparation of the DD Form 214.  This version of this regulation did not provide for entry of foreign service dates.  It further stated:

   a.  item 22a(1) would show the total service between dates shown in items 10c or 17c and 11d of  the DD Form 214, as represented by continual and foreign service, less time lost;
   
   b.  item 22a(2) would show all prior service excluding any service shown in item 22a(1);
   
   c.  item 22a(3) is self explanatory;
   
   d.  item 22b would show the total active service the individual had completed beginning with the earliest period of active service up to and including the current period of active duty, less any period served in the Army Reserve Components or lost time; and
   
   e  item 22c would show the total active duty outside of the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., USARPAC, etc.).  

7.  A more recent version of Army Regulation 635-5 provided for entry of service in Vietnam in item 30 (Remarks), (e.g. to show service in Vietnam only), "Vietnam - - 25 Apr 70 thru 28 May 71, Indochina - - yes, KOREA - - no."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in Vietnam during the period 
6 March to 22 September 1968.  Although there was no provision for entering a Soldier's deployed service in the remarks section of the DD Form 214 at the time, there is no harm in applying more recent standards in this case.  Therefore, the entry "Vietnam - - 6 Mar 68 thru 22 Sep 68, Indochina -- yes" should be added to item 30 of his DD Form 214.

2.  While he did not request correction of item 22 to show his active duty service and foreign service it would be appropriate to add this information to his DD Form 214, because it is related to his request.  As such, the following data should be added to item 22 of his DD Form 214:

   a.  item 22a(1) "2-00-00";

   b.  item 22a(2) "0-00-00";
   
   c.  item 22a(3) "2-00-00";

   d.  item 22b "2-00-00"; and
   
   e.  item 22c following the words foreign and/or sea service add "USARPAC" and "0-06-17" in the appropriate blocks.  

3.  In view of the foregoing, the applicant is entitled to have his DD Form 214 corrected as shown 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 adding the following to his DD Form 214: 

   a.  item 22a(1) "2-00-00";

   b.  item 22a(2) "0-00-00";
   
   c.  item 22a(3) "2-00-00";

   d.  item 22b "2-00-00";

   e.  item 22c following the words foreign and/or sea service add "USARPAC" and "0-06-17" in the appropriate blocks; and  

	f.  item 30 "Vietnam - - 6 Mar 68 thru 22 Sep 68, Indochina -- yes."




      __________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)                                         AR20110000265



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110000265



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090011067

    Original file (20090011067.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 January 1973 to show his service in the Republic of Vietnam. Item 11d (Effective Date) shows the entry "26 Aug 69"; c. Item 22 (Statement of Service) shows the following entries: (1) Item 22a(1) (Net Service This Period) shows "3 1 0"; (2) Item 22a(2) (Other Service) shows "0 6 15"; (3) Item 22a(3) (Total) shows "3 7 15"; (4) Item 22b...

  • ARMY | BCMR | CY2014 | 20140003792

    Original file (20140003792.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his tour of duty in Vietnam and that the following items are properly completed: * item 22a(1) (Net Service This Period) * item 22a(2) (Other Service) * item 22a(3) (Total) * item 22b (Total Active Service) * item 22c (Foreign and/or Sea Service) 2. As a result, the Board...

  • ARMY | BCMR | CY2008 | 20080013047

    Original file (20080013047.txt) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add all his medals and that his service dates be corrected at the same time. However, based on his service in Vietnam he is entitled to correction of Item 30 to show his inclusive period of service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Items...

  • ARMY | BCMR | CY2010 | 20100010719

    Original file (20100010719.txt) Auto-classification: Approved

    The applicant states he served approximately 24 months in Vietnam from 29 March 1967 to 15 February 1969. The applicant contends that his DD Form 214 should be correctly annotated to show his Vietnam service. The applicant's records show, with 4 days' prior service, he enlisted in the RA for 3 years on 9 July 1966.

  • ARMY | BCMR | CY2003 | 2003086512C070212

    Original file (2003086512C070212.rtf) Auto-classification: Approved

    His DD Form 214 shows: in Item 22a(1) (Net Service), he was credited with 1 year, 11 months, and 22 days of active military service; in Item 22 a(3) (Total), he was credited with 1 year, 11 months, and 22 days of active military service; in Item 22b (Total Active Service), he was credited with 1 year, 11 months, and 22 days of active military service; in Item 22c (Foreign and Sea Service), he was credited with 4 months and 28 days of foreign service; and in Item 30 (Remarks), it was recorded...

  • ARMY | BCMR | CY2011 | 20110024767

    Original file (20110024767.txt) Auto-classification: Approved

    His DA Form 20 (Enlisted Qualification Record) shows in: * item 29 (Qualification in Arms) that he qualified as Marksman with the M-14 rifle and as Sharpshooter with the M-16 rifle * item 31 (Foreign Service) that he was credited with service in Vietnam from 10 January to on or about 15 September 1968 * item 38 (Record of Assignments) that he was assigned to duty in Vietnam with Battery C, 3d Battalion, 34th Artillery, 9th Infantry Division, U.S. Army Pacific (USARPAC), from 21 January to 13...

  • ARMY | BCMR | CY2011 | 20110003016

    Original file (20110003016.txt) Auto-classification: Approved

    His DD Form 214 shows in: * item 22c (Foreign and/or Sea Service) he served in USARPAC for 2 months and 20 days * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the National Defense Service Medal and the Parachute Badge * item 30 (Remarks) no entry documenting his service in Vietnam 8. In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a...

  • ARMY | BCMR | CY2010 | 20100022164

    Original file (20100022164.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered active service on 27 November 1964 instead of 27 November 1965. His DD Form 214 shows in: * item 11d (Effective Date) the entry 26 November 1967 * item 16 the entry 26 November 1971 * item 17c the entry 27 November 1965 6. Based on the correction to the applicant's date of entry, his net service during the period...

  • ARMY | BCMR | CY2010 | 20100024991

    Original file (20100024991.txt) Auto-classification: Approved

    In addition, he requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by showing: * his date of birth as 4 November 1949 * his entry date on active duty as 7 July 1969 * his service in the Republic of Vietnam (RVN) * any and all military awards to which he is entitled 2. Therefore, Item 24 of his DD Form 214 should be corrected to show this unit award. As a result, the Board recommends denial of so much of the application that pertains...

  • ARMY | BCMR | CY2014 | 20140008777

    Original file (20140008777.txt) Auto-classification: Approved

    The applicant states his DD Form 214 shows his service in the U.S. Army Pacific (USARPAC) and the Vietnam Service Medal (VSM) but does not show the RVN Campaign Medal with Device (1960) that the Department of Veterans Affairs (VA) requires. Army Regulation 600-8-22 (Military Awards) states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961...