BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110019463
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 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 12 September 1968.
2. The applicant states that he extended his tour of duty in Vietnam serving 28 months (2 years and 4 months). All of his active duty other than training and one month in Oakland, CA, was served in Vietnam. He served with the 46th Engineer Company in Vietnam. He is proud of his Vietnam service and wishes to have an accurate discharge document.
3. He provides a copy of his 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 applicants military record shows he enlisted in the Regular Army on 29 October 1965, for 3 years. He completed training and was awarded military occupational specialty 62B (Engineer Mechanic).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 30 March 1966 through on or about 12 September 1968.
4. Item 38 (Record of Assignments) of his DA Form 20 shows the following:
* 3 April 1966 to 14 August 1967 - Company A, 46th Engineer Battalion, Vietnam
* 15 August 1967 to 1 June 1968 - Company D, 46th Engineer Battalion, Vietnam
5. He was honorably released from active duty on 12 September 1968, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with completing 2 years, 10 months, and 14 days of net active service.
6. Item 22c of his DD Form 214 shows he was credited with completing 1 year, 5 months, and 13 days of foreign service. Item 22c does not show the entry, "USARPAC" (U.S. Army Pacific Command (USARPAC).
7. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated item 22c would list the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g. USARPAC.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Vietnam from 30 March 1966 through on or about 12 September 1968, a period of 2 years, 5 months and 13 days. Item 22c of his DD Form 214 shows he completed 1 year, 5 months, and 13 days of foreign service. Therefore, he is entitled to correction of Item 22c of his DD Form 214 to show a credit of 2 years, 5 months, and 13 days of foreign service and the entry, USARPAC.
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 deleting from Item 22c of the applicant's DD Form 214 the entry,
"1 5 13" and replacing it with the entries, "2 5 13" and "USARPAC."
_______ _ 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.
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