BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120021350
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 entry in item 30 (Remarks) of his DD Form 214 is not correct. He served close to 12 months.
3. The applicant provides copies of his:
* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
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 5 September 1969. He held military occupational specialty 71B (Clerk Typist).
3. His DA Form 20 shows in:
a. Item 31 (Foreign Service) that he began his service in Vietnam on
27 February 1970; and
b. Item 38 (Record of Assignments) that he was assigned, in Vietnam, to the:
(1) 64th Finance Section from 4 March 5 September 1970; and
(2) 178th Maintenance Company from 6 September 1970 to
8 February 1971.
4. He was discharged under honorable conditions on 29 February 1971 as a private. He had completed 1 year, 4 months, and 11 days of total active service.
5. His DD Form 214 shows in item 30 "VIETNAM SERVICE: 27 FEB 70
8 FEB 70."
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The evidence clearly shows the applicant served in Vietnam from 27 February 1970 to 8 February 1971. His DD Form 214 should be corrected to show these dates.
BOARD VOTE:
___x__ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting the entry "VIETNAM SERVICE: 27 FEB 70 8 FEB 70" from item 30 of his DD Form 214 and replacing it with the entry "Service in Vietnam:
27 February 1970 8 February 1971."
___________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) AR20110004784
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120021350
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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