IN THE CASE OF:
BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110015628
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 item 19 (Indochina or Korea Service Since August 5, 1964) of his DD Form 214 (Report of Separation from Active Duty) to show his dates of service in the Republic of Vietnam, from August 1969 through August 1970.
2. The applicant states that not all of his Vietnam service is listed on his DD Form 214.
3. He provides:
* DD Form 173-1 (Abbreviated Joint Message Form and/or Continuation Sheet)
* Special Orders Number 219, Headquarters, U.S. Army Vietnam (USARV) Transient Detachment, dated 7 August 1969
* Special Orders Number 321, Headquarters, 765th Transportation Battalion, dated 12 December 1969
* Special Orders Number 139, Headquarters, 212th Combat Aviation Battalion, dated 14 June 1970
* Vietnam Combat Certificate, 1st Aviation Brigade, for the period August 1969 through August 1970
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 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. On 1 July 1957, after prior enlisted service in the U.S. Marine Corps, the applicant enlisted in the Regular Army. He held military occupational specialties 672.10 (Multi-Engine Airplane Mechanic) and 67Z (Aircraft Maintenance Senior Sergeant), served in various positions of increased responsibility, both overseas and in the continental U.S., and achieved the rank/grade of master sergeant (MSG)/E-8.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) and Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) show he served in the Republic of Vietnam on 4 separate occasions.
* from on or about 23 April 1960 to on or about 20 May 1961
* from on or about 19 January 1963 to on or about 8 December 1963
* from on or about 1 August 1966 to on or about 29 July 1967
* from on or about 4 August 1969 to on or about 2 August 1970
4. On 31 August 1974, he was honorably retired. His DD Form 214 shows he completed 20 years and 2 months of total active service. Item 19 shows he served in the Republic of Vietnam from 23 April 1960 through 20 May 1961, from 19 Jan 63 through 8 Dec 1963, and from 1 August 1966 through 29 July 1967.
5. A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 26 February 2008, amended item 26 of his DD Form 214 but did not address item 19.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation (in effect at the time) contained guidance on its preparation. Paragraph 2-7 stated that for item 19, the preparer would check "yes" if the separating Soldier had service in the Republic of Vietnam and show the specific dates of service.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows he served in Vietnam on 4 separate occasions, only 3 of which are represented on his final DD Form 214. His service in the Republic of Vietnam, from on or about 4 August 1969 to on or about 2 August 1970, is not shown on his DD Form 214. Therefore, as a matter of equity, it would be appropriate to amend his DD Form 214 to show his 4th tour in the Republic of Vietnam.
BOARD VOTE:
___X_____ ___X___ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 amending item 19 of his DD Form 214 to add the entry "4 August 1969 through 2 August 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) AR20100017975
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110015628
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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