IN THE CASE OF:	  
	
		BOARD DATE:	  5 July 2012

		DOCKET NUMBER:  AR20120000648 


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 the dates of service in Vietnam shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states the correct dates of his service in Vietnam are 30 April 1968 to 1 May 1969.  He wants his DD Form 214 corrected to avoid any problems with the Department of Veterans Affairs hospital system.

3.  He provides his DD Form 214, orders, a port call memorandum, and a DD Form 1351-2 (Travel Voucher or Subvoucher).

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.  On 21 September 1967, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 76A (Supplyman) and assigned to duty in Vietnam.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in:

* Vietnam from 1 May 1968 through 29 April 1969
* U.S. Army Europe (USAREUR) in Germany from 17 March through 9 September 1970

4.  On 11 September 1970, he was honorably released from active duty by reason of early separation as an overseas returnee.

5.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows the entry "see 30" and shows he completed 1 year, 5 months, and 23 days of foreign service.  Item 30 (Remarks) shows the entry "RVN 1 May 70-30 Apr 69."

6.  He provides orders showing he was to proceed from Travis Air Force Base, CA, to the U.S. Army Vietnam Transient Detachment on or about 2 May 1968.

7.  He also provides a DD Form 1351-2 showing the itinerary for his return to the United States from Vietnam.  It shows he departed Vietnam on 30 April 1969.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  The regulation did not provide for an entry on the DD Form 214 specifying an individual had served in Vietnam.  It stated for item 22c to enter the total active duty outside the 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., USAREUR.

9.  An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Indochina and Korea service on or after 5 August 1964 in item 30 (Remarks) of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea.  To show Vietnam service only, e.g., enter "Vietnam – 25 Apr 71 thru 28 May 71, Indochina – Yes, Korea – No."

DISCUSSION AND CONCLUSIONS:

1.  When the applicant was released from active duty, the regulation governing preparation of the DD Form 214 did not require an entry specifying service in Vietnam, but it did require entry of the last overseas theater in which service was performed in item 22c.  His last overseas assignment was in USAREUR, and it would be appropriate to correct item 22c to show this service.

2.  Though not required at the time, the DD Form 214 issuing authority entered Vietnam service in the Remarks section of the form.  Unfortunately, the entry is incorrect.  It would be appropriate to delete this entry.

3.  A later revision of the regulation governing preparation of the DD Form 214 provided for recording Vietnam service in the Remarks section of the form.  There would be no harm in adding such an entry to his DD Form 214 and it would be appropriate to do so at this time.

4.  He states the correct dates of his service in Vietnam are 30 April 1968 to 1 May 1969. His DA Form 20 indicates he served in Vietnam from 1 May 1968 through 29 April 1969, but based on the orders and DD Form 1351-2 he provided it appears the dates shown on his DD Form 1351-2 are accurate.  These are the dates that should be shown in the Remarks section 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 the evidence presented is 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 making the following deletions from and additions to his DD Form 214:

* delete "see 30" from item 22c
* add "USAREUR" to item 22c
* delete "RVN 1 May 70 - 30 Apr 69" from item 30
* add "Vietnam – 1 May 68 thru 30 Apr 69, Indochina – Yes, Korea – No" to item 30

2.  The Board further determined 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 correcting his DD Form 214 to show he served in Vietnam from 30 April 1968 to 1 May 1969.



      _____________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)                                         AR20120000648



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ABCMR Record of Proceedings (cont)                                         AR20120000648



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