IN THE CASE OF:
BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120008586
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 his tour of duty in Vietnam.
2. The applicant states his DD Form 214 does not show his Vietnam service.
3. The applicant provides:
* His DD Form 214, dated 23 August 1965
* Page 6 of a Department of Veterans Affairs (VA) Rating Decision
* Pages 3 and 4 of his DA Form 24 (Service Record)
* Page 1 of his DA Form 20 (Enlisted Qualification Record)
* An, undated, letter from two of his friends with an envelope postdated January 1966
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. On 24 August 1962, the applicant enlisted in the Regular Army for a period of
3 years. He completed training as a light weapons infantryman.
3. His DA Form 24 shows in:
* Section 2 (Chronological Record of Military Service) he departed for Vietnam on 25 June 1965, arrived in Vietnam on 14 July 1965, and departed Vietnam en-route to the United States on 18 August 1965
* Section 5 (Service Outside Continental United States) he arrived in Vietnam on 14 July 1965
4. Item 29 (Foreign Service) on his DA Form 20 shows he arrived in Vietnam
on 25 June 1965. It does not show the date he departed Vietnam en-route to the United States.
5. On 23 August 1965, the applicant was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years of total active service. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 8 months and 7 days of foreign service in USARPAC. Item 32 (Remarks) does not contain any entry showing the applicant's foreign service.
6. The applicant submits copies of his DA Form 20 and DA Form 24, both showing he had service in Vietnam. Page 6 of the VA Rating Decision he submits shows the VA concluded he had service in Vietnam from 14 July to approximately 18 August 1965.
7. Army Regulation 635-5 (Personnel Separation/Separation Documents) governs the preparation of the DD Form 214. The regulation, in effect at the time, required that the total active duty service outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater (i.e. USARPAC) in which the service was performed would be entered in item 24c.
8. Change Number 11 to Army Regulation 635-5, dated 27 January 1970 and effective 2 January 1970, stated to enter in the "Remarks" section of the
DD Form 214 the inclusive dates of service in Vietnam during the current period of service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and his supporting evidence has been carefully considered.
2. In accordance with the applicable regulation in effect at the time, the total active duty service outside of the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed was appropriately entered in item 24c of his DD Form 214. The USARPAC theater includes service in Vietnam; therefore, his DD Form 214 properly reflects his service in Vietnam.
3. Although his DD Form 214 properly reflects his service in Vietnam, Army Regulation 635-5 was changed after the applicant's release from active duty to include the inclusive dates of service in Vietnam on the DD Form 214. As such, there would be no harm to include in the "Remarks" section of the applicant's
DD Form 214 the inclusive dates of his service in Vietnam.
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 adding to item 32 of his DD Form 214 the entry "Vietnam 14 July 1965 through
18 August 1965."
_______ _ _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) AR20120008586
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