IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120011029
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 shown on his DD Form 214 are incorrect. He contends that he served in Vietnam from November 1968 to November 1969.
3. The applicant provides no additional evidence.
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 on 18 June 1968 and upon completion of initial entry training he was awarded military occupational specialty 11C (Indirect Fire Infantryman).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 12 November 1968 through 11 November 1969.
4. He was released from active duty on 17 June 1970. Item 30 (Remarks) of his DD Form 214 shows he served in Vietnam from 12 November 1968 through
11 November 1968.
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 the correct dates of his service in Vietnam as 11 November 1968 - 13 November 1969 has been carefully reviewed.
2. His DA Form 20 clearly shows he served in Vietnam from 12 November 1968 through 11 November 1969. However, his DD Form 214 shows the date of his return from Vietnam as 11 November 1968. Therefore, it would be appropriate to correct his DD Form 214 to show the dates of his service in Vietnam as shown in item 31 of his DA Form 20.
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 amending item 30 of his DD Form 214 to show the dates of his service in Vietnam as 12 November 1968 - 11 November 1969.
_______ _ __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) AR20120011029
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120011029
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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