IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110022907
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 the countries of his overseas service.
2. The applicant states that his DD Form 214 does not show time served in Vietnam.
3. The applicant provides:
* DA Form 20 (Enlisted Qualification Record) page 3
* Special Orders (SOs) Number 36 and 55
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's military records show he was inducted into the Army of the United States on 26 September 1966. He completed basic and advanced training and was assigned military occupational specialty 76R (Ordnance Supply Specialist).
3. The applicant's DA Form 20 shows, in pertinent part, the following:
* Item 31 (Foreign Service) - Hawaii from 28 February 1967 through 13 September 1968
* Item 38 (Record of Assignment)
* 26 January 1967 - Enroute to USARPAC (U.S. Army Pacific Command)
* 28 February 1967 - 89th Ordnance Company (GM (General Maintenance)) (GS (General Support)), APO San Francisco (SF) 96558
* 1 December 1967 - 89th Ordnance Company (GS) (GM), APO SF 96558
4. Headquarters, 50th Replacement Battalion issued the following:
* SOs Number 36, dated 11 February 1967, amending orders assigning the applicant to the 154th Transportation Company, APO San Francisco, from zip code 96491 to 96248
* SOs Number 36, dated 24 February 1967, assigning the applicant to the Overseas Incoming Detachment under the USARV (U.S. Army Vietnam)
5. Headquarters, U.S. Army Personnel Center, Schofield Barracks, APO SF issued SOs Number 42, dated 28 February 1967, assigning the applicant to the 89th Ordnance Company, APO SF, USARHAW (U.S. Army Hawaii).
6. He was honorably released from active duty, as an overseas returnee on 21 September 1968, and was transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 credited him with 1 year, 6 months, and 24 days in Item 22 (Foreign and/or Sea Service) and does not show the last overseas theater, USARPAC in his case.
7. Army Regulation 635-5 (Separation Documents), dated 23 January 1967, governed the preparation of the DD Form 214. The regulation in effect at the time stated:
* Item 22c lists the total active duty outside continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. USARPAC
* Item 30 lists the inclusive dates of service for Vietnam and indicating yes or no for service in Indochina and Korea; the entry would state for Vietnam service only, Vietnam the dates, Indochina-Yes, Korea-no
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in USARPAC (Hawaii) from 28 February 1967 through 13 September 1968. Item 22c of his DD Form 214 shows he completed 1 year, 6 months, and 24 days of foreign service. Therefore, he is entitled to correction of Item 22c of his DD Form 214 to also show the entry USARPAC.
2. There is no evidence in his active duty record and he has failed to provide substantiating evidence to show he served in Vietnam during the period covered by this DD Form 214. Therefore, there is insufficient evidence to add the entry, Vietnam and inclusive dates, to Item 30 of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 22 of the applicant's DD Form 214 the entry, "USARPAC."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to correction to Item 30 of his DD Form 214 by adding the entry, Vietnam and inclusive dates.
_______ _ __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) AR20110022907
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110022907
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