BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20120018724
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 he completed 2 years and 8 days of service in the Republic of Vietnam (RVN).
2. The applicant states his DD Form 214 does not accurately reflect the time he served in the RVN and his attempts to correct it through normal channels have failed.
3. The applicant provides the documents identified in item 9 (In support of this application, I submit as evidence the following attached documents) of his application.
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 applicants record shows he enlisted in the Regular Army on 2 February 1966. He was trained in and awarded military occupational specialty (MOS) 95B (Military Policeman) and sergeant (SGT)/E-5 is the highest rank he held on active duty.
3. The applicants DA Form 20 (Enlisted Qualification Record) shows, in item 38 (Record of Assignments), that he arrived for duty in the RVN on
8 September 1966. It further shows he served in four separate units until departing in a casual status on 4 October 1968.
4. On 6 October 1968, the applicant was honorably released from active duty, in the rank of SGT/E-5. The DD Form 214 he was issued at the time shows he completed a total of 2 years, 8 months, and 5 days of active military service. Item 22c (Foreign and/or Sea Service) contains an entry indicating he completed 1 year and 28 days of overseas service.
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. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicant's discharge provided for entering the total active duty outside the continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater in which service was performed in item 22c, e.g. Foreign and/or Sea Service (USAREUR). Later versions of the regulation provided for documenting inclusive dates of Vietnam service in item 30 (Remarks) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his DD Form 214 for the period ending
6 October 1968 to show the correct period of his service in the RVN has been carefully considered and found to have merit. The evidence of record confirms the applicant served in the RVN 2 years and 28 days from 8 September 1966 through 4 October 1968.
2. In view of the foregoing, it would be appropriate to amend his DD Form 214 by deleting the current entry in item 22c and replacing it with the entry USARV 0002 00 28 and by adding the entry Vietnam Service 8 September 1966 4 October 1968 to item 30.
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 the DD Form 214 as follows in:
a. Item 22c deleting the current entry and adding the entry USARV 0002 00 28; and
b. Item 30 adding the entry Vietnam Service 8 September 1966
4 October 1968.
_______ _ 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) AR20120018724
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ABCMR Record of Proceedings (cont) AR20120018724
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