BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110003087
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 Vietnam instead of Europe.
2. The applicant states:
a. with the exception of initial entry training he performed his entire military service in Vietnam; and
b. he feels greatly insulted his service in Vietnam service is not reflected on his DD Form 214 as it should.
3. The applicant provides a copy of 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. The applicants military record shows he enlisted in the Regular Army on
30 July 1969. He was trained in and awarded military occupational specialty (MOS) 31G (Tactical Communications Chief).
3. His DA Form 20 (Enlisted Qualification Record) includes one entry in item 31 (Foreign Service) which shows he served in the Republic of Vietnam (RVN) from 4 January 1970 to 10 April 1972. His DA Form 20 and military record does not contain any evidence to show he ever served in Europe.
4. On 14 April 1972, the applicant was honorably released from active duty (REFRAD). The DD Form 214 issued at that time shows he completed 2 years, 8 months, and 15 days of creditable active duty service and item 24 (Decorations, Medals Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar
* Expert Marksmanship Qualification Badge with M-16 Rifle Bar
5. Item 22c (Foreign and/or Sea Service) of the applicants DD Form 214 shows he completed 2 years, 3 months, and 7 days was foreign service. Item 30 (Remarks) includes the entry ITEM 22C: USAREUR indicating service in United States Army Europe.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It also establishes standardized policy for preparing and distributing the DD Form 214.
7. Chapter 2 of the separation documents regulation contains item-by-item instructions for preparing the DD Form 214. It states that the following will be entered in the items indicated:
a. item 22c include the total active duty service outside the continental limits for the period covered by the DD Form 214 and the last oversea theater in which service was performed. It stipulates that the information entered in item 22c will be obtained from the Enlisted Qualification Record; and
b. item 30 will include the inclusive dates of service in Vietnam.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should correctly document his foreign service in the RVN.
2. The evidence of record confirms the applicants foreign service was performed in the United States Army Pacific (USARPAC) Theater of Operations, specifically the RVN, from 4 January 1970 to 10 April 1972, as evidenced by the entry contained on his DA Form 20. This service is further confirmed by his award of the VSM. Therefore his DD Form 214 should be corrected to amend the following items as indicated:
a. item 22c - to add the entry "USARPAC" ; and
b. item 30 - SERVICE IN THE REPUBLIC OF VIETNAM FROM 4 JANUARY 1970 TO 10 APRIL 1972."
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. amending his DD Form 214 in:
* item 22c - by adding the entry USARPAC
* item 30 - by deleting the entry ITEM 22C USAREUR and replacing it with the entry "SERVICE IN THE REPUBLIC OF VIETNAM FROM 4 JANUARY 1970 TO 10 APRIL 1972"
b. issuing a correction to the DD Form 214 to reflect these changes.
_______ _ 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) AR20100014086
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ABCMR Record of Proceedings (cont) AR20110003087
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