IN THE CASE OF:
BOARD DATE: 6 August 2013
DOCKET NUMBER: AR20120022871
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 in block 22c (Foreign and/or Sea Service) 18 months.
2. The applicant states that his DD Form 214 only reflects 1 year of foreign service; however, he extended his tour for 6 months.
3. The applicant provides a copy of his DD Form 214 and record of assignments.
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. On 15 November 1965, the applicant enlisted in the Regular Army for a period of 3 years and training as a vehicle driver. He completed all of his training at Fort Jackson, South Carolina and he was transferred to Fort Eustis, Virginia for assignment to the 529th Transportation Company.
3. On 12 December 1966, he was transferred to Vietnam with his unit. He extended his tour of duty for a period of 6 months and departed on 25 July 1968 for assignment to Fort Myer, Virginia where he remained until he was honorably released from active duty on 14 November 1968 due to the expiration of his term of service. He had completed 3 years of active service and his DD Form 214 shows in block 22c that he served 1 year of foreign service in the USARPAC (United States Army, Pacific Command).
4. A review of his official records shows that he served 1 year and 6 months of foreign service in Vietnam.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects that he served 1 year of foreign service in Vietnam has been noted and found to have merit.
2. The applicant served 1 year and 6 months in Vietnam. Accordingly, his
DD Form 214 should be corrected to show in block 22c that he served 1 year and 6 months of foreign service.
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 showing in block 22c of his DD Form 214 that he served 1 year and 6 months of foreign service.
____________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) AR20120022871
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ABCMR Record of Proceedings (cont) AR20120022871
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