IN THE CASE OF:
BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110017558
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 tour of duty in Vietnam.
2. The applicant states his DD Form 214 does not show his Vietnam service.
3. The applicant provides:
* A Department of Veterans Affairs (VA) Form 21-526 (Veterans Application for Compensation and/or Pension), dated 11 August 2011
* A letter from the National Personnel Records Center (NPRC), dated
19 January 2009
* His DD Form 214 for the period ending 11 February 1963
* A DA Form 20 (Enlisted Qualification Record)
* A DA Form 24 (Service Record) for the period 1 March 1960 to
11 February 1963
* A Letter of Commendation, dated 31 January 1963
* A VA Form 21-22 (Appointment of Veterans Service Organization as Claimants Representative), dated 11 August 2011
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 enlisted in the Regular Army on 1 March 1960 for a period of
3 years. He completed training as a telephone installer/repairman.
3. Item 29 (Foreign Service) of his DA Form 20 shows he served in USARPAC (U.S. Army Pacific) from 29 April 1962 through 29 January 1963.
4. His DA Form 24 shows in:
* Section 4 (Chronological Record of Military Service) he was assigned to the 178th Signal Company (Support), 39th Signal Battalion in USARPAC on 6 May 1962 and he remained with this unit until he departed on
10 February 1963 en route to the United States for separation processing
* Section 5 (Service Outside Continental United States) he departed the United States on 29 April 1962, arrived in Vietnam on 5 May 1962, departed Vietnam on 10 February 1963, and arrived back in the United States on the same day
5. On 11 February 1963, the applicant was honorably released from active duty as an overseas returnee. He completed 2 years, 11 months, and 11 days of total active service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 9 months and 12 days of foreign service in USARPAC. Item 32 (Remarks) does not contain any entry showing the applicant's foreign service.
6. The applicant submits copies of his DA Form 20 and DA Form 24, both showing his service in Vietnam.
7. Army Regulation 635-5 (Personnel Separation/Separation Documents) governs the preparation of the DD Form 214. The regulation, in effect at the time, required that the total active duty service outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater (i.e. USARPAC) in which the service was performed would be entered in item 24c.
8. Change Number 11 to Army Regulation 635-5, dated 27 January 1970 and effective 2 January 1970, stated to enter in the "Remarks" section of the
DD Form 214 the inclusive dates of service in Vietnam during the current period of service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and his supporting evidence has been carefully considered.
2. In accordance with the applicable regulation in effect at the time, the total active duty service outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed was appropriate entered in item 24c of his DD Form 214. The USARPAC theater includes service in Vietnam; therefore, his DD Form 214 properly reflects his service in Vietnam.
3. Although his DD Form 214 properly reflects his service in Vietnam, Army Regulation 635-5 was changed after the applicant's release from active duty to include the inclusive dates of service in Vietnam on the DD Form 214. As such, there would be no harm to include in the "Remarks" section of the applicant's
DD Form 214 the inclusive dates of his service in Vietnam.
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 adding to item 32 of his DD Form 214 the entry "Vietnam 29 April 1962 through
10 February 1963."
___________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) AR20110017558
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110017558
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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