IN THE CASE OF:	  

		BOARD DATE:  23 August 2012

		DOCKET NUMBER:  AR20120002956 


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 records to show his correct period of service in Vietnam.

2.  The applicant states he served in Vietnam for 1 year, 1 month, and 14 days from 7 January 1970 to 20 February 1971.

	a.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the correct amount of service, but the wrong inclusive dates of service in Vietnam.

	b.  A DD Form 215 (Correction to DD Form 214) issued on 18 January 2012 changed the period of his Vietnam service from 7 January 1970 to 16 February 1970 (emphasis added), which is also wrong.

3.  The applicant provides:

* a copy of his award citation
* his DD Form 214
* a DD Form 215

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.  The applicant enlisted in the Regular Army on 18 July 1969 for a period of
2 years.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service):  Vietnam from 7 January 1970 to 20 February 1971; and

	b.  item 38 (Record of Assignments):

		(1)  he was assigned to the 403rd Transportation Company, U.S. Army, Pacific (USARPAC), from 12 January 1970 through 15 February 1971; and

		(2)  he departed Vietnam en route to the continental United States (CONUS) on 16 February 1971.

4.  Special Orders Number 007, issued by Headquarters, U.S. Army Personnel Center, Oakland, CA, dated 7 January 1970, shows the applicant departed Travis Air Force Base, CA on 7 January 1970 and he was reassigned to the U.S. Army Vietnam (USARV) Transient Detachment with a report date of 10 January 1970.

5.  General Orders Number 103, issued by Headquarters, U.S. Army Support Command, Da Nang (USARV), dated 13 February 1971, awarded the applicant the Army Commendation Medal for meritorious service in the Republic of Vietnam from January 1970 to February 1971.

6.  Special Orders Number 51, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 20 February 1971, shows the applicant was released from active duty (REFRAD) on 20 February 1971.

7.  On 20 February 1971, the applicant was honorably REFRAD as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 7 months, and 3 days of total active service.  The DD Form 214 he was issued at the time shows in:

* item 12 (Last Duty Assignment and Major Command) the entry
403rd Transportation Company, USARV
* item 22 (Statement of Service), block c (Foreign and/or Sea Service) the entry "USARPAC" - 1 year, 1 month, and 14 days
* item 30 (Remarks) the entry "VN SERVICE:  7 JAN 70 - 20 FEB 70"

8.  A DD Form 215 deleted from item 30 of his 20 February 1971 DD Form 214 the entry "VN service:  7 JAN 70 - 20 FEB 70" and added the entry "VN service  7 JAN 70 - 16 FEB 70."

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

	a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

	b.  Item 30 provides, in pertinent part, enter inclusive dates of service in Vietnam during current period of service.

DISCUSSION AND CONCLUSIONS:

Records show the applicant was credited with service in Vietnam from 7 January 1970 to 20 February 1971.

	a.  A calculation of this period of overseas service shows the following:

	1971  02  20		date of redeployment
	- 1970  01  07		date of deployment to USARV
	=     01  01  13
	+                   1		day inclusive
	=     01  01  14		total foreign service in USARPAC
	b.  This period of service is correctly shown in item 22c of the applicant's
DD Form 214.  However, item 30 (of the original DD Form 214, as corrected by the DD Form 215) shows incorrect dates for the applicant's overseas service.  Therefore, it would be appropriate to correct his DD Form 214 to show he served in Vietnam from 7 January 1970 to 20 February 1971.

BOARD VOTE:

___X ___  ___X____  ___X  ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  voiding the DD Form 215, issued on 18 January 2012;

	b.  deleting from item 30 of his DD Form 214 the entry "VN Service:
7 Jan 70 - 20 Feb 70”; and

	c.  adding to item 30 of his DD Form 214 the entry:  "Vietnam Service:
7 January 1970 - 20 February 1971."



      __________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)                                         AR20120002956



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ABCMR Record of Proceedings (cont)                                         AR20120002956



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