BOARD DATE: 25 October 2012
DOCKET NUMBER: AR20120007319
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 item 22c (Foreign and/or Sea Service) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Vietnam 2 years, 2 months, and 6 days.
2. The applicant states he served in Vietnam from 17 July 1968 to 23 September 1970 and the dates that are shown in item 30 (Remarks) are correct; however, the figures shown in item 22c are incorrect.
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 15 January 1968 and completed training as a helicopter repairman. He arrived in Vietnam on 17 July 1968 and he was assigned to the 358th Aviation Detachment.
3. The applicant was honorably released from active duty on 22 September 1970 and was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in:
* Item 22c that he completed 1 year, 2 months, and 5 days of Foreign and/or Sea Service.
* Item 30 that he served in Vietnam from 17 July 1968 through
23 September 1970 (23 September 1970 is a pencil entry and was meant to be the expected date of return from overseas)
* Item 38 (Record of Assignments) that he departed Vietnam on 20 September 1970
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers at the time of discharge, release from active duty, or retirement. It states the information contained on the
DD Form 214 will apply only to the period of service covered by the DD Form 214. The regulation in effect at the time of the applicant's discharge states the total amount of foreign service completed during the period covered by the
DD Form 214 would be entered in Item 22c.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. The available evidence shows the applicant served in Vietnam from 17 July 1968 through 20 September 1970. He could not have served in Vietnam on 23 September 1970, as he separated on 22 September 1970. He actually served in Vietnam 2 years, 2 months, and 4 days. His DD Form 214 should be corrected to show this information.
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 amending item 22c on his DD Form 214, dated 22 September 1970, to show his total amount of foreign and/or sea service as 2 years, 2 months, and 4 days.
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 amending item 22c of his
DD Form 214 to show he had 2 years, 2 months, and 6 days of foreign and/or sea service.
_______ _ 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) AR20120007319
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ABCMR Record of Proceedings (cont) AR20120007319
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