BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120009849
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 his dates of service in Vietnam shown in item
30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states he went to Vietnam in May 1969, not 1968 as recorded on his DD Form 214.
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 was inducted into the Army of the United States on 3 June 1968. He completed his training and was awarded military occupational specialty 11D (armor reconnaissance specialist). He served in Vietnam and was released from active duty on 15 April 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 shows in:
* Item 22c (Foreign and/or Sea Service) the entry "SEE 30 (item 30)
0 10 25" (10 months and 25 days)
* Item 30 the entry "19 MAY 68 14 APR 70 RVN" (Vietnam)
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 19 May 1969.
DISCUSSION AND CONCLUSIONS:
He was inducted on 3 June 1968; therefore, he could not have been in Vietnam on 19 May 1968. His DA Form 20 shows he arrived in Vietnam on
19 May 1969 and his DD Form 214 shows he served 10 months and 25 days of foreign service in Vietnam. The period 19 May 1969 to 14 April 1970 totals
10 months and 25 days. Therefore, the entry in item 31 of his DA Form 20 which shows he arrived in Vietnam on 19 May 1969 is accepted as sufficient evidence on which to base amending item 30 of his DD Form 214.
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
deleting the entry "19 MAY 68 14 APR 70 RVN" in item 30 of his DD Form 214 and replacing it with the entry "19 MAY 69 14 APR 70 RVN."
_______ _ 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) AR20120009849
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ABCMR Record of Proceedings (cont) AR20120009849
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