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 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 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 applicants 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 applicants 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 applicants 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
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ABCMR Record of Proceedings (cont) AR20110013396
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