BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110005313
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 the dates of his service in the Republic of Vietnam (RVN) listed in item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he began his RVN service on 5 June 1969 not 5 June 1970, as is listed in item 30 of his DD Form 214.
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 applicants record shows he entered active duty in the Regular Army on 23 April 1968, and was trained in and awarded military occupational specialty (MOS) 91G (Pharmacy Specialist).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he began his service in the RVN on 5 June 1969 in item 31 (Foreign Service). Item 38 (Record of Assignments) shows he was assigned to and arrived at his first unit in the RVN, the 312th Evacuation Hospital, on 8 June 1969.
4. On 3 December 1970, the applicant was honorably released from active duty (REFRAD). Item 30 of the DD Form 214 he was issued at the time lists his RVN service dates as 5 June 1970 through 3 December 1970.
5. 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 established the DA Form 20 as the primary source record for entries on the DD Form 214. It also provided for an entry documenting inclusive dates of Vietnam service in item 30.
DISCUSSION AND CONCLUSIONS:
The applicants request to have the beginning date of his service in the RVN listed in item 30 of his DD form 214 corrected to show the year 1969 has been carefully considered and found to have merit. The evidence of record confirms the applicant began his service in the RVN on 5 June 1969, as evidenced by an entry in item 31 of his DD Form 20. As a result, it would be appropriate to correct his DD Form 214 accordingly.
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 amending item 30 of his DD Form 214 by deleting the current RVN service dates entry and replacing it with the entry VIETNAM SERVICE FROM 19690605-19701203.
_______ _ 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) AR20110005313
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