IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120001518
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in block 30, his service in Vietnam.
2. The applicant states his DD Form 214 incorrectly reflects in block 30 that he had no service in Vietnam.
3. The applicant 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 applicant enlisted in the Regular Army on 26 September 1967 for a period of 3 years and training as a watercraft operator. He completed his basic training at Fort Lewis, Washington and his advanced individual training at Fort Eustis, Virginia. He was transferred to Vietnam on 26 April 1968 for assignment to the 329th Transportation Company. He served in Vietnam until 25 April 1969 and was transferred to Korea on 24 May 1969.
3. He departed Korea on 23 June 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on 24 June 1970 as an overseas returnee. He had served 2 years, 8 months, and 29 days of active service and his DD Form 214 issued at the time of his REFRAD indicates in block 30 that he had no Vietnam Service.
4. Army Regulation 635-5 (Separation Documents) provides the instruction for preparing the DD Form 214. It provides, in pertinent part, that information entered on the DD Form 214 will be obtained from officials records in effect at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects that he had no Vietnam service has been noted and found to have merit.
2. The applicant served in Vietnam from 26 April 1968 to 25 April 1969 and he is entitled to have that period of service reflected in block 30 of 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 VN Service NONE from block 30 of his DD Form 214
* Entering the entry VN Service 26 April 1968 to 25 April 1969 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) AR20120001518
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ABCMR Record of Proceedings (cont) AR20120001518
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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