IN THE CASE OF:
BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110019058
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) for the period ending
16 December 1966 to reflect his service in Vietnam.
2. The applicant states his DD Form 214 lists his foreign service as "USARPAC" (U.S. Army Pacific) but the Department of Veterans Affairs (VA) requires that the entry state "Vietnam." He contends that he served in Vietnam during the 1965-66 time frame.
3. The applicant provides a 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 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 19 September 1960 and upon completion of initial entry training he was awarded military occupational specialty 91B (Medical Specialist). On 18 December 1963, he reenlisted for three years.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 5 August 1964 to 30 August 1965.
4. He was honorably discharged on 16 December 1966. Item 24c (Foreign and/or sea service) of his DD Form 214 shows he served 1 year and 26 days of foreign and/or sea service. It also shows the entry "USARPAC."
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents. The regulation in effect at the time of the applicant's separation specified that item 24c of the DD Form 214 would contain the total amount of active duty served 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 (e.g., USARPAC). The regulation did not provide for the country where the overseas service was performed to be identified on the DD Form 214.
6. Army Regulation 635-5, dated 23 May 1972, provided that in the "Remarks" section, indicate Indochina and Korea service on or after 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. For example, to show service in Vietnam only, enter "Service in Vietnam (inclusive dates), Indochina (yes), Korea (no).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 24c his DD Form 214 should be corrected to show his service in Vietnam has been carefully considered.
2. The regulation in effect at the time of his separation did not provide for the identification of the country where the overseas service was performed on the DD Form 214. However, the regulation dated 23 May 1972 provided for such an entry. Therefore, in order to facilitate the processing of any claim the applicant may have to the VA, and as a matter of equity, it would be appropriate correct his DD Form 214 by indicating the dates and country of his overseas service in item 32 (Remarks).
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 for the period ending 16 December 1966 the entry "Service in Vietnam 5 August 1964 through 30 August 1965, Indochina yes, Korea no."
_______ _ _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) AR20110019058
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ABCMR Record of Proceedings (cont) AR20110019058
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