Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110013396
Original file (20110013396.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110013396 


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 Vietnam service dates entered in item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.  

2.  The applicant states the beginning date of his Vietnam service should be      14 January 1971 and not 14 June 1971 as is currently entered 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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.



2.  The applicant’s record shows he enlisted in the Regular Army on 6 January 1969, and was trained in and awarded military occupational specialty (MOS) 67V (OH-64 Helicopter Repairer).  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 14 January 1971 through 8 December 1971.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 163rd Aviation Company, performing duties in MOS 67V as a crew chief.  

4.  On 9 December 1971, the applicant was honorably released from active duty, in the rank of specialist five, after completing 2 years, 11 months, and 4 days of active military service.  Item 30 of the DD Form 214 he was issued at the time contains an entry indicating Vietnam service dates of 14 June 1971 through         8 December 1971.  

5.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time provided for entering the dates a member served in the RVN in item 30.  It also stated that the DA Form 20 was the primary record source for data entered on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct the beginning date of his service in Vietnam in item 30 of his DD form 214 has been carefully considered and found to have merit.  

2.  The applicant’s DA Form 20 confirms he began his service in the RVN on 
14 January 1971.  As a result, it would be appropriate to correct item 30 of 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 deleting the current Vietnam service entry in item 30 of his DD Form 214 and replacing it with the entry “VIETNAM FROM 14 January 1971-8 December 1971.”



      _______ _   __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)                                         AR20110013396



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013396



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100011261

    Original file (20100011261.txt) Auto-classification: Approved

    The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his authorized awards include the Air Medal with "V" Device and oak leaf clusters. However, there is no available evidence that the applicant was awarded the Air Medal with "V" Device. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the awards currently shown on his DD Form 214...

  • ARMY | BCMR | CY2010 | 20100016208

    Original file (20100016208.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 20 February 1972 to show he entered active duty on 7 June 1965 and to show the Purple Heart and the Parachutist Badge. He was issued a DD Form 214 for the period 24 August 1967 through 20 February 1972 that shows in: * item 18 (Record of Service): (a) (Net Active Service This Period) the entry "4 3 2" [indicating years, months, days] (b) (Prior Active Service) the entry "0 0...

  • ARMY | BCMR | CY2011 | 20110003592

    Original file (20110003592.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). For item 11, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served from the Enlisted Record Brief (ERB). It would be appropriate to correct each of these forms to show the awards he was entitled to at the conclusion of his active duty service during each period.

  • ARMY | BCMR | CY2010 | 20100011702

    Original file (20100011702.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests his records be corrected to reflect his date of birth (DOB) as 11 October 1948 and to reflect his period of service in the Republic of Vietnam (RVN) as 5 January 1970 through 8 January 1971. Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.

  • ARMY | BCMR | CY2011 | 20110025145

    Original file (20110025145.txt) Auto-classification: Approved

    The applicant provides: * DD Form 214 * his Leave and Earnings Statement (LES) for the period 1 - 30 April 1972 * a MAC Transportation Authorization, dated 24 May 1973 * temporary duty (TDY) orders, dated 22 May 1972, from Headquarters, 160th Signal Group * envelopes he used to send mail home from RVN * a portion of a letter to his parents CONSIDERATION OF EVIDENCE: 1. He completed 1 year, 11 months, and 29 days of active service that was characterized as honorable. Based on his service in...

  • ARMY | BCMR | CY2009 | 20090004054

    Original file (20090004054.txt) Auto-classification: Approved

    A DA Form 2036 (Officer Record Brief), dated 9 July 1996, in pertinent part, shows in Section I (Assignment Information - Overseas Duty), that the applicant served 21 months in the RVN and returned to the United States in February 1972. The applicant contends, in effect, that his DD Form 214 should be corrected to show he served in Vietnam from 1970 to 1972 because this service was not recorded on the document. Records also show the applicant was not issued a DD Form 214 at any time during...

  • ARMY | BCMR | CY2010 | 20100024991

    Original file (20100024991.txt) Auto-classification: Approved

    In addition, he requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by showing: * his date of birth as 4 November 1949 * his entry date on active duty as 7 July 1969 * his service in the Republic of Vietnam (RVN) * any and all military awards to which he is entitled 2. Therefore, Item 24 of his DD Form 214 should be corrected to show this unit award. As a result, the Board recommends denial of so much of the application that pertains...

  • ARMY | BCMR | CY2010 | 20100020200

    Original file (20100020200.txt) Auto-classification: Approved

    The applicant requests his record be corrected by adding a third award of the Army Commendation Medal (ARCOM) and all unit awards due based on his service and campaign participation in the Republic of Vietnam (RVN). The applicant provides the following documents in support of his application: * self-authored statement * ARCOM Certificate, dated 12 February 1971 * ARCOM Citation * ARCOM Orders, dated 24 February 1971 * enlisted disability retirement letter orders, dated 3 August 1971 * DD...

  • ARMY | BCMR | CY2012 | 20120001489

    Original file (20120001489.txt) Auto-classification: Approved

    The applicant states he would like to be awarded the PH for being wounded in action in the Republic of Vietnam (RVN) on 7 December 1967 as a result of a stepping on a punji stick for which he was treated in the RVN, and on 7 November 1970 as a result of receiving a gunshot wound to the back which resulted in his medical evacuation to the United States for treatment at Fort Polk, Louisiana. The applicant’s DA Form 20 (Enlisted Qualification Record) shows, in item 31 (Foreign Service), that...

  • ARMY | BCMR | CY2014 | AR20140010296

    Original file (AR20140010296.txt) Auto-classification: Approved

    * he highlights item 6, titled "Service for Pay" which shows a "1" under YRS and a date of 29 October 1970 under "DATE COMP" * Army Regulation 37-104-2 identifies item 6 as designed to show years of service as well as the date of the last full year of service completed * the applicant was inducted on 29 October 1969 and had exactly one year of service for pay purposes on 29 October 1970 * item 8 is identified in Army Regulation 37-104-2 as showing the pay period for that pay voucher; this...