IN THE CASE OF:
BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110014351
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 amount of foreign service.
2. The applicant states he served in Germany for 8 months and he served in Vietnam from 29 August 1968 to 22 March 1970 which amounts to approximately 2 years, 3 months, and 24 days of foreign service; however, his DD Form 214 shows only 1 year, 2 months, and 28 days.
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 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 enlisted in the Regular Army on 6 July 1967 for a period of 3 years and training as an engineer heavy equipment operator/maintainer. He completed basic training at Fort Dix, New Jersey, and advanced individual training at Fort Leonard Wood, Missouri, before being transferred to Germany on 23 November 1967. He departed Germany on 17 July 1968 after 7 months and 25 days and was transferred to Vietnam on 29 August 1968.
3. He served in Vietnam for 1 year, 6 months, and 24 days. He departed on 22 March 1970 for Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) that date as an overseas returnee. He completed 2 years, 8 months, and 8 days of active service including 2 years, 2 months, and 19 days of foreign service. However, his DD Form 214 issued at the time of his REFRAD reflects only 1 year, 2 months, and 28 days in block 22c (Foreign and/or Sea Service).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 does not accurately reflect his foreign service has been noted and was found to have merit.
2. The applicant served 7 months and 25 days in Germany and 1 year, 6 months, and 24 days in Vietnam for a total of 2 years, 2 months, and 19 days of foreign service. Accordingly, his DD Form 214 should be corrected to reflect that service.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 entry "1 2 28" in block 22c of his DD Form 214
* adding the entry "2 2 19" to block 22c of his DD Form 214
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20110014351
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110014351
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080006686
His DD Form 214, dated 21 August 1965, does not show any additional awards. The evidence shows the applicant served in Vietnam from 27 May 1966 to 26 May 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the entry "SERVICE IN KOREA FROM 19631221 - 19641222" in item 32 (Remarks), of his DD Form 214, dated 21 August 1965; b. showing the entry "SERVICE IN VIETNAM FROM 19660527 - 19670526" in item 30...
ARMY | BCMR | CY2011 | 20110022316
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. d. DD Form 214 for the period 15 December 1968 through 30 September 1972 which shows in item 22c completion of 1 year of foreign service and in item 30 (Remarks) the entry "Vietnam - Yes 1 October 1970 to 30 September 1971." As a result,...
ARMY | BCMR | CY2011 | 20110009991
The applicant requests correction of the amount of foreign service on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant states his DD Form 214, block 22c (Foreign and/or Sea Service) shows he only served 1 month and 6 days; however, he served in Vietnam from 11 May 1971 to 25 December 1971. He had served 1 year, 11 months, and 1 day of active service and his DD Form 214 issued at the time of his REFRAD reflects in block 22c that he served...
ARMY | BCMR | CY2010 | 20100000916
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his temporary duty (TDY) assignment in South Vietnam from October 1968 to August 1969. Additionally, his DA Form 20 and DD Form 214 show he completed foreign service in USAREUR-Germany.
ARMY | BCMR | CY2009 | 20090011067
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 January 1973 to show his service in the Republic of Vietnam. Item 11d (Effective Date) shows the entry "26 Aug 69"; c. Item 22 (Statement of Service) shows the following entries: (1) Item 22a(1) (Net Service This Period) shows "3 1 0"; (2) Item 22a(2) (Other Service) shows "0 6 15"; (3) Item 22a(3) (Total) shows "3 7 15"; (4) Item 22b...
ARMY | BCMR | CY2008 | 20080018148
The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 20 June 1966 for 4 years. Therefore, as a matter of equity, his DD Form 214, dated 25 November 1969, item 22c, should be corrected to show a credit of 2 years, 4 months, and 26 days foreign service and USARPAC/Korea should be entered to correctly show the last theater and country in which the applicant served. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080010747
The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his service in Germany and Vietnam. Although the applicant contends that he served one year in Vietnam, evidence of record shows he served in Vietnam from 15 October 1970 through 11 March 1971, a total of 4 months and 27 days. Based on the foregoing, item 22c on the applicants DD Form 214 should be corrected to show he served 1 year, 10 months, and 15 days of foreign service.
ARMY | BCMR | CY2011 | 20110023770
The applicant states his DD Form 214 does not include his Vietnam service or service dates, the company he was assigned to in Vietnam, his medical information, or all the awards and decorations he received. The applicant's record shows his service in Vietnam met the time requirements for award of the Republic of Vietnam Campaign Medal with Device (1960). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the...
ARMY | BCMR | CY2013 | 20130003304
The applicant requests a. correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * he attended the Noncommissioned Officer (NCO) Academy * he completed Advanced Individual Training (AIT) for military occupational specialty (MOS) 11E (Armor Crewman) * he held MOS 11E * the related civilian occupation for his MOS * he completed high school * the 7 months he served in Germany * his rank/grade as sergeant (SGT)/E-5 * unit and individual awards...
ARMY | BCMR | CY2008 | 20080015382
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his date of entry into the Army as 19 September 1966; that he had 1 year of foreign service in Vietnam; and that he had 1 year, 1 month and 25 days of foreign service in Germany. The applicant's records show that he departed the United States and arrived in Germany on 5 May 1968. The applicant contends that his DD Form 214 should be corrected to show his date of...