Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120008586
Original file (20120008586.txt) Auto-classification: Approved

		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 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.  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 applicant’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008586



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110017558

    Original file (20110017558.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 8 March 2012 DOCKET NUMBER: AR20110017558 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides: * A Department of Veterans Affairs (VA) Form 21-526 (Veteran’s Application for Compensation and/or Pension), dated 11 August 2011 * A letter from the National Personnel Records Center (NPRC), dated 19 January 2009 * His DD Form 214 for the period ending 11 February 1963 * A DA Form 20 (Enlisted Qualification Record) * A DA Form 24 (Service Record) for...

  • ARMY | BCMR | CY2011 | 20110011610

    Original file (20110011610.txt) Auto-classification: Approved

    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. A later revision of the regulation governing preparation of the DD Form 214 provided for recording Vietnam service in the "Remarks" section of the form. 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 for...

  • ARMY | BCMR | CY2011 | 20110023931

    Original file (20110023931.txt) Auto-classification: Approved

    The applicant requests reconsideration of his earlier request for correction of his records to show he completed 2 months and 29 days of foreign service in Vietnam vice 1 month and 27 days. The applicant provides: * letter from the U.S. Army Administration Center, St. Louis, MO (previously submitted) * DD Form 1108 (Application for Replacement of Separation Document) (previously submitted) * mailing envelope (previously submitted) * DD Forms 2349 (Military Pay Voucher) for 1-30 June 1965...

  • ARMY | BCMR | CY2010 | 20100020058

    Original file (20100020058.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 7 June 1965 to show his record of overseas service in Korea, any service ribbons he is entitled to, and his rank. Although there is no provision to indicate the specific dates of his service in Korea, it would be appropriate at this time to correct his DD Form 214 for the period ending 7 June 1965 to show in item 32 the entry "Indochina – no, Vietnam...

  • ARMY | BCMR | CY2010 | 20100010067

    Original file (20100010067.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant provides a copy of his DD Form 214 and his DA Form 24 (Service Record) in support of his application. Section 2 (Chronological Record of Military Service) on his DA Form 24 shows he served in Vietnam from 17 September to 11 October 1965 (a period of 25 days).

  • ARMY | BCMR | CY2010 | 20100027412

    Original file (20100027412.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the proper amount of time he served in the Republic of Vietnam. He states his record is in error because it does not show the Purple Heart he received while in Vietnam. This period of time is reflected in item 24c of his DD Form 214 and he has not provided any evidence showing this period is in error.

  • ARMY | BCMR | CY2010 | 20100000516

    Original file (20100000516.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his one year of service in the Republic of Vietnam and the receipt of any Vietnam service medals to which he is entitled as a result of this foreign service. Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards. Records show he was awarded the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam.

  • ARMY | BCMR | CY2009 | 20090015322

    Original file (20090015322.txt) Auto-classification: Approved

    Evidence available to the Board indicates the applicant served in Hawaii for a period of 1 year, 8 months, and 4 days prior to being reassigned with his unit to Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing in item 24c of his DD Form 214 that he served 2...

  • ARMY | BCMR | CY2009 | 20090008735

    Original file (20090008735.txt) Auto-classification: Approved

    The applicant requests correction of his 3 January 1966 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Thailand and France/Germany. The applicant's DA Form 20 shows that he served in France from 14 March 1960 to 17 February 1963 and Thailand from 30 October 1964 to 24 August 1965. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 3 January 1966 DD Form...

  • ARMY | BCMR | CY2011 | 20110019058

    Original file (20110019058.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 December 1966 to reflect his service in Vietnam. The regulation in effect at the time of the applicant's separation specified that item 24c of the DD Form 214 would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which...