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 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 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
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ABCMR Record of Proceedings (cont) AR20120018121
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