IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110015827
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 service in the Republic of Vietnam (RVN)
* his additional military occupational specialties (MOS's)
2. The applicant states he was physically in Long Binh, South Vietnam, in 1970. He adds he held additional MOS's of 36H2O (Dial/Manual Central Office Repairer) and 36C2O (Wire Systems Installer).
3. The applicant provides:
* DD Form 214
* Letter Orders Number 11-17, Headquarters, 379th Signal Battalion (Support), Army Post Office (APO) San Francisco 96232 (Thailand), dated 18 November 1970, directing 10 days of temporary duty (TDY) to Long Binh to attend a prescribed load list (PLL) course
* DA Form 87 (U.S. Army Certificate of Training) for the 23-28 November 1970 PLL Course conducted by the Southeast Asia Signal School, Long Binh, APO 96491 (Vietnam)
* Unit Orders Number 95 Extract, Headquarters and Headquarters Detachment, 379th Signal Battalion (Support), APO San Francisco 96232 (Thailand), dated 22 December 1970, appointing/promoting the applicant in MOS 36H2O
* Special Orders Number 137 Extract, Headquarters, 7th Signal Brigade, APO New York 09028 (Germany), dated 22 June 1971, directing the applicant's permanent change of station (PCS) and showing his MOS as 36C2O
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 served in the Regular Army from 12 November 1969 to 26 May 1972. His DA Form 20 (Enlisted Qualification Record) shows:
* basic combat training at Fort Benning, GA
* signal advanced individual training at Fort Gordon, GA
* award of primary MOS 72C2O (Central Office Switchboard Operator)
* award of secondary MOS 36H2O on 22 December 1970
* assignment in Thailand 4 June 1970 to 31 May 1971
* assignment in Germany 20 June 1971 to 1 November 1972
* award of the
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
3. The applicant provided evidence to show he went TDY from Thailand to the RVN from 23-28 November 1970 to attend the PLL course.
4. The applicant's DD Form 214 shows he held MOS 72C2O. It also shows the following entries in item 30 (Remarks):
* "RVN 4 JUN 1970-31 MAY 1971"
* "INDOCHINA YES VIETNAM NO KOREA NO"
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear cut record of active duty service at the time of release from active duty. It specifies that only the primary MOS will be entered by MOS code number, title, and date of award in item 23a (Specialty Number and Title). If the MOS has a related civilian occupation, the appropriate job title will be listed in item 23b (Related Civilian Occupation and Dictionary of Occupational Titles Number).
DISCUSSION AND CONCLUSIONS:
1. The applicant was a Signal Corps Soldier. He was school trained in and awarded primary MOS 72C2O and this MOS is shown on his DD Form 214 as his primary MOS. He obviously held other Signal MOS's, but by regulation these are not shown on his DD Form 214.
2. The applicant served in Thailand from 4 June 1970 to 31 May 1971 and supported the war effort in the RVN. He was TDY to Long Binh for a 1-week PLL course. This would not qualify for an entry on his DD Form 214; thus, the entry "INDOCHINA YES VIETNAM NO KOREA NO" is accurate.
3. What is inaccurate on his DD Form 214 is the entry "RVN 4 JUN 1970-31 MAY 1971" in item 30. This should actually read "THAILAND 4 JUN 70-31 MAY 71." However, the applicant wants his "RVN service" noted on his DD Form 214 and it is already noted. Therefore, no correction will be made at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20110015827
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ABCMR Record of Proceedings (cont) AR20110015827
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