IN THE CASE OF:
BOARD DATE: 16 April 2013
DOCKET NUMBER: AR20120017689
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 service in the Republic of Vietnam (RVN) be documented on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he served in the RVN for 11 months and 27 days which is not documented on his DD Form 214.
3. The applicant provides an Army Commendation Medal (ARCOM) citation in support of his request.
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 record shows the applicant was inducted into the Army of the United States on 19 May 1966. He was trained in and awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows, in
item 31 (Foreign Service), that he served in Germany from 1 October 1966 to
28 April 1967 and in the RVN from 8 June 1967 to 7 May 1968.
4. On 8 May 1968, the applicant was honorably released from active duty in the rank of specialist four/E-4 and transferred to the U.S. Army Reserve. The
DD Form 214 he was issued at the time shows he completed a total of 1 year,
11 months, and 20 days of active military service of which 7 months and 7 days was served overseas. No overseas service theater is listed on the DD Form 214 and RVN service is not documented in item 30 (Remarks).
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.
a. It also establishes standardized policy for preparing and distributing the DD Form 214. It stipulates that the DD Form 214 is a summary of a specific period of active duty service.
b. The version of the regulation in effect at the time of the applicant's release from active duty provided for entering all overseas service and the last theater in which overseas service was performed in item 22c (Foreign and Sea Service). Later versions of the regulation provided for documenting the RVN service in item 30 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to document his RVN service on his DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms the applicant completed a total of 1 year, 5 months, and 28 days of overseas service of which 6 months and 28 days were served in Germany and 11 months were served in the RVN, which was the last theater in which overseas service was performed. Therefore, item 22c should be corrected to read United States Army Vietnam 1 5 28.
2. Further, given later versions of the regulation provided for specifically documenting RVN service in item 30 of the DD Form 214, it would also be appropriate to add the entry Vietnam Service 6 June 1967-7 May 1968 to item 30 of the DD Form 214.
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 his DD Form 214 as follows:
a. Item 22c delete the current entry and replace it with the entry United States Army Vietnam 1 5 28; and
b. Item 30 add the entry Vietnam Service 6 June 1967-7 May 1968.
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 documenting any period of RVN service greater than 11 months.
____________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) AR20120017689
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ABCMR Record of Proceedings (cont) AR20120017689
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