IN THE CASE OF:
BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20110015127
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 a second tour in Vietnam be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 February 1972.
2. The applicant states:
* His current DD Form 214 only shows one tour in Vietnam
* He was in Vietnam from 1970 to 1971
* He reenlisted and was sent back to Vietnam in 1971 until his discharge in 1972
* He was never given credit for his second tour of duty in Vietnam
3. The applicant provides his DD Form 214 for the period ending 27 February 1972.
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 was inducted into the Army of the United States on 7 November 1967. He completed his training and was awarded military occupational specialty 68F (aircraft electrician). On 18 August 1968, he was honorably discharged for immediate enlistment. He enlisted in the Regular Army (RA) on 19 August 1968 for a period of 4 years.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 31 May 1969 to 31 May 1970.
4. On 28 January 1971, he was honorably discharged for immediate reenlistment.
5. Item 22c (Foreign and/or Sea /Service) of his DD Form 214 for the period ending 28 January 1971 shows he served 1 year of foreign service. Item
30 (Remarks) of this DD Form 214 does not show any service in Vietnam.
6. He reenlisted in the RA on 29 January 1971 for a period of 6 years. He served in Vietnam from 3 September 1971 to 27 February 1972. On 27 February 1972, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
7. Item 22c of his DD Form 214 for the period ending 27 February 1972 shows he served 5 months and 24 days of foreign service. Item 30 of this DD Form 214 shows he served in Vietnam from 3 September 1971 to 27 February 1972.
8. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the Remarks block.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants his DD Form 214 for the period ending 27 February 1972 corrected to show his 1969/1970 tour in Vietnam.
2. Since he served his first tour in Vietnam during the period 1969 to 1970, his inclusive dates of service for this tour in Vietnam should be shown on his DD Form 214 for the period ending 28 January 1971. Therefore, the entry in item
31 of the applicant's DA Form 20 which shows he served in Vietnam from 31 May 1969 through 31 May 1970 is accepted as sufficient evidence on which to add the entry "Vietnam Service: 31 May 1969 to 31 May 1970" to item 30 of his DD Form 214 for the period ending 28 January 1971.
3. His second tour in Vietnam (September 1971 to February 1972) is properly shown on his DD Form 214 for the period ending 27 February 1972. Therefore, there is no basis for amending this 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 the entry "Vietnam Service: 31 May 1969 to 31 May 1970" to item 30 of his DD Form 214 for the period ending 28 January 1971.
2. The Board further determined that the evidence presented is 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 amending his DD Form 214 for the period ending 27 February 1972.
_______ _ __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) AR20110015127
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ABCMR Record of Proceedings (cont) AR20110015127
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