IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120002779
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 he served in Vietnam from 5 September 1971 to 20 July 1972 instead of 5 September 1971 to 13 March 1972.
2. The applicant states he completed the usual one year of foreign service in Vietnam through 20 July 1972. However, his DD Form 214 shows his Vietnam service ended on 13 March 1972.
3. The applicant provides 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 was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 6 January 1967. He entered active duty on 21 July 1971 and subsequently completed the Army Medical Department Officer Basic Course from 26 July to 26 August 1971.
3. Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 5 September 1971 to 13 March 1972. Item 18 (Record of Assignments) of his DA Form 66 shows he served with the 24th Evacuation Hospital, departed Vietnam on 10 March 1972 (an earlier version of his DA Form 66 shows he departed on 10 March 1971), and after a short period of leave was assigned to the Department of Surgery, Medical Department Activity, Fort Carson, CO, on 24 March 1972. The 13 March 1972 entry in item 17 appears to have been the date he arrived in the continental United States.
4. He was honorably released from active duty on 20 July 1973 at the expiration of his active duty commitment. His DD Form 214 shows in:
* Item 22c (Foreign and/or Sea Service) - the entry "0 6 9," indicating completion of 6 months and 9 days of foreign service
* Item 30 (Remarks) - the entry "Vietnam - 5 Sep 1971 - 13 Mar 1972"
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states item 22c will show total active duty outside continental limits of the United States for the period covered by the DD Form 214 and item 30 is used for Department of the Army mandatory requirements, when a separate block is not available, and as a continuation entry.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Vietnam from 5 September 1971 to 10 March 1972 (and was credited with foreign service from 5 September 1971 to 13 March 1972). There is no evidence in his records and he provides none to show he remained in Vietnam through 21 July 1972. Nothing in his records supports his contention that he served in Vietnam through 20 July 1972. Therefore, he is not entitled to the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20120002779
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ABCMR Record of Proceedings (cont) AR20120002779
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