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 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. 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.
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