BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120003891 


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) for the period 26 January 1970 through 19 January 1973 to show he served in Vietnam.

2.  The applicant states his DD Form 214 shows that he served in the Vietnam War, but he saw no combat.  There is no way he could have served in Vietnam and not have seen combat.  

3.  The applicant provides:

* DD Forms 214, for the periods ending 10 July 1969 and 19 January 1973
* DA Form 2349 (Military Pay Voucher)
* Special Orders (SO) Number 139 (assignment to Vietnam)
* SO Number 273 (reassignment from Vietnam)
* General Orders (GO) Number 4941 awarding him the Army Commendation Medal
* DA Form 137 (Installation Clearance Record)
* Letter Orders Number 7-2 (temporary duty travel)
* SO Number 31 (promotion/appointment orders)

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’s records show he enlisted in the Regular Army on 12 August 1966 and held military occupational specialty (MOS) 76S (Automotive Repair Parts Specialist).  

3.  Subsequent to MOS training, he served in the U.S. Army Pacific (USARPAC) theater as follows:

* Thailand, from on or about 18 January 1967 to 10 December 1967
* Vietnam, from on or about 29 September 1968 to 10 July 1969

4.  On 10 July 1969, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows in:

* Item 12 (Last Duty Assignment and Major Command) he was assigned to Headquarters and Headquarters Company, 3rd Brigade, 9th Infantry Division, USARV (U.S. Army Vietnam)
* Item 22c (Foreign and/or Sea Service) – he completed 1 year, 8 months, and 3 days of foreign service in USARPAC
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows several Vietnam-specific awards
* Item 30 (Remarks) does not show he served in Vietnam 

5.  He enlisted in the Regular Army on 26 January 1970.  He subsequently served in USARPAC - Okinawa from on or about 2 December 1971 to
18 January 1973.  He was honorably discharged on 19 January 1973.  His 
DD Form 214 shows in:

* Item 22c – he completed 1 year, 1 month, and 17 days of foreign service in USARPAC
* Item 24 the Good Conduct Medal and the Expert Marksmanship Qualification Badge with Rifle Bar
* Item 30 (Remarks) shows the entry "Vietnam - No; Indochina - No; Korea - No"

6.  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 contains guidance on the preparation of the       DD Form 214.  The regulation was revised several times over the years.  Entries on the DD Form 214 were dependent on the version of the regulation in effect at the time of the applicant's separation.

7.  Army Regulation 635-5, dated 23 January 1967, (and subsequent changes or amendments) in effect at the time of the applicant's separation in July 1969 stated:

* In item 22c, for enlisted personnel show 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. "USARPAC"
* item 30 is used to complete entries too long for their respective blocks or for mandatory requirements, when a separate block is not available, and as a continuation entry

8.  Army Regulation 635-5, dated 15 November 1969 (and subsequent changes or amendments specifically Joint Message gram, dated 15 December 1971) was in effect at the time of the applicant's discharge in January 1973.  It stated, in addition to a similar entry in item 22c, item 30 would indicate service in Indochina, Korea, and/or Vietnam.  To show service in:

* Vietnam only, enter "Vietnam 25 April 1970 to 28 May 1971"; Indochina - Yes; Korea - No
* Indochina (other than Vietnam) only, enter Indochina - Yes; Vietnam - No; Korea - No
* Korea only, enter Indochina - No; Vietnam - No; Korea - No

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed two periods of service.  His foreign service in Vietnam fell during the first period of service from 12 August 1966 to 10 July 1969.  During this period, he completed a total of 1 year, 8 months, and
3 days of foreign service in USARPAC and this is appropriately entered in item 22c of his DD Form 214 for this period.  There was no requirement to enter Vietnam service on the DD Form 214 at the time.  Nevertheless, there will be no harm to the Army or the applicant if his Vietnam service from 29 September 1968 to 10 July 1969 is listed in item 30 of this DD Form 214. 

2.  He also served from 26 January 1970 to 19 January 1973.  During this period, the regulation changed and mandated an entry in item 30 for service in Indochina, Vietnam, and Korea.  The applicant did not serve in any of these locations during the period covered by the DD Form 214.  Therefore, no Vietnam entry was made in item 30 of this 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 that the evidence presented was 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 adding to item 30 of his DD Form 214 for the period ending 10 July 1969 the entry "Vietnam service 29 September 1968 to 10 July 1969."

2.  The Board further determined that 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 listing his Vietnam service on the DD Form 214 for the period ending 19 January 1973.



      _______ _   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)                                         AR20120003891



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ABCMR Record of Proceedings (cont)                                         AR20120003891



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