BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120006260
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 the correct dates of his service in Vietnam.
2. The applicant states the dates of his service in Vietnam should read 28 June 1968 to 23 May 1970.
3. The applicant provides a 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 19 October 1967 and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 28 June 1968 and that 23 May 1970 was the date of his expected return from overseas, his ETS (Expiration Term of Service) date. Item 38 (Record of Assignments) indicates he departed Vietnam on or around 19 May 1970.
4. Orders issued by the U.S. Army Personnel Center, Oakland, CA, dated
23 May 1970, directed his release from active duty effective 23 May 1970. Item 30 (Remarks) of his DD Form 214 shows the dates of his service in Vietnam as 28 June 1969 to 22 May 1970.
5. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show he served in Vietnam from 28 June 1968 to 23 May 1970 has been carefully reviewed.
2. Evidence shows he arrived in Vietnam on 28 June 1968 and departed Vietnam on or around 19 May 1970. However, his DD Form 214 shows he served in Vietnam from 28 June 1969 to 22 May 1970. Therefore, it appears an error was made in the preparation of his DD Form 214 in that it shows he arrived in Vietnam on 28 June 1969.
3. Although he contends that he served in Vietnam until 23 May 1970, 23 May 1970 is the date he was released from active duty and not the date he departed Vietnam. Therefore, 22 May 1970 appears to be the correct date for the end of his tour in Vietnam and as a result, it should not be changed.
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:
a. deleting from item 30 of his DD Form 214 the entry "RVN: 28 June 69-
22 May 1970;" and
b. adding to item 30 of is DD Form 214 the entry "RVN: 28 June 1968-22 May 1970."
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 correcting his DD Form 214 to show he served in Vietnam from 28 June 1968 to 23 May 1970.
_______ _ 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) AR20120006260
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ABCMR Record of Proceedings (cont) AR20120006260
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