Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120018121
Original file (20120018121.txt) Auto-classification: Approved

		

		BOARD DATE:	  18 April 2013

		DOCKET NUMBER:  AR20120018121 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his service in Vietnam. 

2.  The applicant states that his DD Form 214 does not reflect his five to seven trips to Vietnam in a temporary duty (TDY) status. 

3.  The applicant provides a copy of his DD Form 214; a copy of his leave and earnings statement (LES) for August 1972 showing he was paid hostile fire pay (HFP) for Vietnam; and a copy of TDY orders showing that the applicant was authorized TDY for 7 days in Thailand, Vietnam, Philippines, Taiwan, Korea, and Japan.

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.  The applicant enlisted in the Regular Army on 15 January 1971.  He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a finance specialist at Fort Benjamin Harrison, Indiana and was transferred to Okinawa on 12 February 1972.

3.  He departed Okinawa on 7 January 1974 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on that date.  He had served 2 years, 11 months, and 23 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he completed 1 year, 10 months, and 26 days of foreign service in the U.S. Army Pacific. 

4.  A review of the documents provided by the applicant shows that he arrived in Vietnam on 3 August 1972 and departed on 4 August 1972 in a TDY status.  These documents also show he was paid 1 month of HFP.  Hostile Fire Pay is paid for an entire month regardless of whether an individual served 1 day or 
30 days in an imminent danger area.

5.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the entry on the DD Form 214 indicating foreign and/or sea service (item 22c) will be obtained from personnel records and will reflect only foreign service performed during the period covered by the DD Form 214.  Change Number 11 to Army Regulation 635-5, effective 27 January 1970, prescribed additional entries regarding inclusive dates of service in Vietnam to be entered in item 30 (Remarks) section of the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

He provided evidence which shows he served in Vietnam from 3 to 4 August 1972 in a TDY status.  Although this period of foreign service has already been calculated in item 22c of his DD Form 214, it would be appropriate to show this information in item 30 as well.  As a result, the entry "Vietnam 3 August - 
4 August 1972" should be added to the remarks section 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 adding to item 30 of his DD Form 214 the entry – "Vietnam 3 August - 4 August 1972."



      _______ _  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)                                         AR20120018121





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120018121



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090004503

    Original file (20090004503.txt) Auto-classification: Denied

    His records do not show he served in Vietnam for any time during his period of active service from 12 January 1961 through 12 November 1971. Item 24 showed no awards and Item 30 contained the entry "Vietnam Service None." Without this evidence the Board can take no action to correct his DD Form 214 to show this service.

  • ARMY | BCMR | CY2011 | 20110001386

    Original file (20110001386.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Vietnam area service in Thailand. The available evidence does not show he served in Vietnam or Thailand. _______ _ 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.

  • ARMY | BCMR | CY2013 | 20130016586

    Original file (20130016586.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of item 30 (Remarks) of his DD Form 214 (Report of Separation from Active Duty), ending on 1 May 1972, to show his temporary duty (TDY) tours in Vietnam. The applicant's service personnel record shows he served in USARPAC-Okinawa for a period of 1 year and 6 months and his DD Form 214 properly lists this service in item 22c.

  • ARMY | BCMR | CY2011 | 20110013349

    Original file (20110013349.txt) Auto-classification: Approved

    The applicant's records contain no DD Form 215 (Correction to DD Form 214) to indicate his DD Form 214 was corrected. Army Regulation 635-5 (Separation Documents), dated 23 January 1967, specified that item 22c 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 the service was performed, e.g., "Foreign and/or Sea Service (USAREUR [United States Army...

  • ARMY | BCMR | CY2011 | 20110019624

    Original file (20110019624.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant provides: * DD Form 214 for the periods ending 1 July 1970 and 2 April 1973 * DA Form 20 (Enlisted Qualification Record) * Letter from the Office of the Chief of Transportation * Letter from a former chief * Extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit) CONSIDERATION OF EVIDENCE: 1. Although the detachment may have sailed out of...

  • ARMY | BCMR | CY2009 | 20090004755

    Original file (20090004755.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Nevertheless, proof of the applicant’s having received nonjudicial punishment as well as HFP for a period of foreign service in Korea is sufficient evidence to show he served in Korea and he is entitled to correction of his DD Form 214 to show this service. _______ _ __x_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...

  • ARMY | BCMR | CY2012 | 20120006528

    Original file (20120006528.txt) Auto-classification: Approved

    The applicant states there is no record on file of him serving in these countries except the records he provides with this application. Qualifying service for this award includes service in Korea from 1 October 1966 to 30 June 1974. d. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2008 | 20080006686

    Original file (20080006686.txt) Auto-classification: Approved

    His DD Form 214, dated 21 August 1965, does not show any additional awards. The evidence shows the applicant served in Vietnam from 27 May 1966 to 26 May 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the entry "SERVICE IN KOREA FROM 19631221 - 19641222" in item 32 (Remarks), of his DD Form 214, dated 21 August 1965; b. showing the entry "SERVICE IN VIETNAM FROM 19660527 - 19670526" in item 30...

  • ARMY | BCMR | CY2015 | 20150003213

    Original file (20150003213.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect: * he was sent to Vietnam on TDY in early December 1971 * this service was not reflected on his DD Form 214 * TDY may have been viewed as trivial at the time, but this is not the case today * he requests the Board to note his December 1971 sub-voucher initially showed the payment of hostile fire pay (HFP); it was taken away from him when he was at Oakland Army Base...

  • ARMY | BCMR | CY2008 | 20080019333

    Original file (20080019333.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 he served in Vietnam. Even if it could be established that the applicant served in Cam Ranh Bay, Vietnam, there are no provisions for entering this information on the applicant's DD Form 214. _______ _ _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...