IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110006754
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 to Item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states Item 22c on his DD Form 214 is incorrect. He served in Vietnam from 2 November 1970 through 25 November 1971, a period of 1 year and 23 days. He has applied for benefits through the Department of Veterans Affairs (VA) and he does not want the VA to underestimate his length of service in Vietnam.
3. He provides copies of his permanent change of station orders and 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 records show he was inducted into the Army of the United States on 19 November 1969. He completed training and was awarded military occupational specialty 57A (Duty Soldier).
3. Special Orders Number 332 issued by Headquarters, U.S. Army Vietnam Transient Detachment, on 28 November 1970, shows he arrived in Vietnam on 27 November 1970.
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 25 November 1970 through 24 November 1971, a period of 1 year. Item 38 (Record of Assignment) of his DA Form 20 shows he was assigned to the 81st Quartermaster Platoon in Vietnam on 5 December 1970.
5. He was honorably released from active duty in pay grade E-4 on 25 November 1971, an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Annual Training). He was credited with completion of 1 year, 11 months, and 19 days of net active service and 18 days time lost (6 to 23 June 1970).
6. Item 22c of his DD Form 214 shows he was credited with 8 months and 1 day of foreign service in the USARPAC (U.S. Army Pacific).
7. Item 30 (Remarks) of his DD Form 214 contains the entry, VN (Vietnam) Service: 25 March 1970 through 25 November 1971, a period of 1 year, 8 months, and 1 day.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated Item 22c would list the total active duty outside continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. USARPAC. Item 30 would list the inclusive dates of service for Vietnam and indicating yes or no for service in Indochina and Korea. The entry would state for Vietnam service only, Vietnam the dates, Indochina-Yes, Korea-no.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant arrived in Vietnam on 27 November 1970 and served until on or about 24 November 1971, a period of 11 months and 28 days. He was issued a DD Form 214 showing a credit of 8 months and 1 day of foreign service and USARPAC in Item 22c. Therefore, he is entitled to correction to Item 22c to show a credit of 11 months and 28 days.
2. In accordance with regulatory guidance in effect at the time he is also entitled to correction to Item 30 of his DD Form 214 to show the entry VN SERVICE: 27 November 1970 24 November 1971, Indochina-Yes, Korea-no.
3. In view of the foregoing, his records should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from Item 22c of the applicant's DD Form 214 the entry
"0 8 1" and replacing it with the entry "0 11 28";
b. deleting from Item 30 of the applicants DD Form 214 the entry VN SERVICE 25 March 1970 25 November 1971 and replacing it with the entry VN SERVICE 27 November 1970 24 November 1971, Indochina-Yes, Korea-no; and
c. providing him a corrected separation document showing these changes.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction Item 22c of his DD Form 214 to show a credit of 1 year and 23 days of foreign service.
_______ _ 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) AR20110006754
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ABCMR Record of Proceedings (cont) AR20110006754
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