IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120001328
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in block 30 that he arrived in Vietnam on 30 April 1969.
2. The applicant states that his DD Form 214 indicates that he served in Vietnam from 30 April 1970 to 7 April 1970 and should show that arrived in Vietnam on
30 April 1969.
3. The applicant provides a copy of his DD Form 214 and a page from his DA Form 20 (Enlisted Qualification Record).
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 5 August 1968 for a period of 2 years. He completed his basic training at Fort Polk, Louisiana and was transferred to Fort Sill, Oklahoma to undergo his advanced individual training (AIT) as a field artillery operations and intelligence assistant.
3. He completed his AIT and was transferred to Vietnam on 30 April 1969. He departed Vietnam on 7 April 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee that day. He had served 1 year, 8 months, and 3 days of active service and his DD Form 214 issued at the time of his REFRAD reflects in block 30 that he had Vietnam Service from 30 April 1970 to 7 April 1970.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects his service in Vietnam has been noted and found to have merit. His DD Form 214 reflects that he served in Vietnam from 30 April to 7 April 1970, which is obviously wrong.
2. He arrived in Vietnam on 30 April 1969 and he is entitled to have that information reflected on his DD Form 214.
BOARD VOTE:
___X____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry Vietnam Service from 30 April 70 7 April 70 from block 30 of his DD Form 214
* Entering the entry Vietnam Service from 30 April 69 7 April 70 in block 30 of his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120001328
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ABCMR Record of Proceedings (cont) AR20120001328
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