IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110013192
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 correct dates of service in the Republic of Vietnam (RVN).
2. The applicant states his DD Form 214 shows the wrong dates of his service in the RVN.
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. On 15 October 1968, the applicant was inducted into the Army of the United States. He subsequently completed his initial training and was assigned for duty in the RVN.
3. The applicant's DA Form 20 (Enlisted Qualification Record) indicates that he arrived in the RVN on 11 April 1969. He served as a scout observer with Troop B, 1st Squadron, 10th Cavalry, 4th Infantry Division. On or about 10 April 1970, he returned to the United States for duty at Fort George G. Meade, Maryland.
4. On 14 October 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He had attained the rank of sergeant, pay grade E-5 and had completed 2 years of creditable active duty service.
5. The applicant's DD Form 214 shows in:
* Item 22c (Foreign Service): 1 year, zero months, and zero days
* Item 30 (Remarks): Vietnam Service (11 APR 69 THRU 10 APR 69)
6. Army Regulation 635-5 (Separation Documents) as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Items 22c indicated the Soldier's foreign service, and Item 30 indicated the actual dates of that foreign service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his dates of service in the RVN.
2. The evidence of record clearly shows that the applicant served a year in the RVN. Accordingly, his DD Form 214 should be corrected to reflect his foreign service.
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. deleting from Item 30 of his DD Form 214: VIETNAM SERVICE (11 APR 69 THRU 10 APR 69); and
b. adding in Item 30 of his DD Form 214: VIETNAM SERVICE: 11 APRIL 1969 THROUGH 10 APRIL 1970.
_______ _ _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) AR20110013192
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ABCMR Record of Proceedings (cont) AR20110013192
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