IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110011610
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, in effect, correction of item 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "120 AVN CO (AIR MBL LT) APO 143 TON SUN NUIT VIETNAM."
2. He states, in effect, he needs his DD Form 214 to show he served in Vietnam to be eligible for benefits due him.
3. He 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. The applicant enlisted in the Regular Army for a period of 3 years on 29 September 1958. He reenlisted for a period of 3 years on 21 November 1960.
3. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he was:
* en route to Vietnam from 6 April to 15 May 1963
* assigned to the 57th Transportation Company, Army Post Office (APO) 143, from 16 May to 24 June 1963
* assigned to the 120th Aviation Company (Air Mobile Light), APO 143, from 25 June to 9 November 1963
* en route to the continental United States from 10 to 11 November 1963
4. Section 5 (Service Outside Continental United States) of his DA Form 24 shows he arrived in Vietnam on 15 May 1963 and departed Vietnam on 10 November 1963.
5. On 12 November 1963, he was honorably released from active duty. Item 12 of the DD Form 214 issued to him at that time shows the entry "120 AVN CO (AIR MBL LT) APO 143 USARPAC [U.S. Army Pacific]." Item 24c (Foreign and/or Sea Service) shows he served in USARPAC for 8 months and 21 days. The DD Form 214 does not include an entry specifying he served in Vietnam.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214. It stated for item 12 to enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization. For item 24c, enter total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater where service was performed.
7. An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Indochina and Korea service on or after 5 August 1964 in the "Remarks" section of the form by entering inclusive dates of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea. To show Vietnam service only, e.g., enter "Vietnam -- 25 Apr 71 thru 28 May 71, Indochina -- Yes, Korea -- No."
DISCUSSION AND CONCLUSIONS:
1. The entry in item 12 of the applicant's final DD Form 214 was made in accordance with the regulation in effect at the time. In the absence of evidence showing error, there is no basis for correcting that entry.
2. A later revision of the regulation governing preparation of the DD Form 214 provided for recording Vietnam service in the "Remarks" section of the form. While this was not a required entry when he was released from active duty in 1963, there would be no harm in adding such an entry to item 32 (Remarks) of his final DD Form 214.
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 adding to item 32 of his DD Form 214 for the period ending 12 November 1963 the entry "Vietnam -- 15 May 63 thru 10 November 63, Indochina -- Yes, Korea -- No."
2. The Board further determined that the evidence presented was 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 the entry in item 12 of his
DD Form 214.
_______ _ _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) AR20110011610
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110011610
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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