BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130011223
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 period he served in Vietnam as 13 March 1971 through 29 January 1972.
2. The applicant states the beginning date of the Vietnam service shown on his DD Form 214 should be 13 March 1971 instead of 13 March 1972. He did not notice the typographical error until recently.
3. The applicant provides:
* his DD Form 214
* Headquarters, First U.S. Army, Fort George G. Meade, MD, Special Orders Number 40, dated 9 February 1971
* Headquarters, U.S. Army Personnel Center, Oakland, CA, Special Orders Number 072, dated 13 March 1971
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 1 September 1970.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows his service in Vietnam from 13 March 1971 through 29 January 1972.
4. On 17 August 1973, he was honorably released from active duty after completing 2 years, 11 months, and 17 days of active service during this period.
5. Item (30 Remarks) of his DD Form 214 shows the entry: "Vietnam Service from 13Mar72 thru 29Jan72 Indochina Yes Korea NO."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stated to indicate Indochina and Korea service performed on or after 5 August 1964 in item 30 of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. To show Vietnam service only, for example, enter "Vietnam -- 25 Apr 70 through 28 May 71, Indochina -- yes, Korea -- no."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 erroneously shows he served in Vietnam from 13 March 1972 through 29 January 1972. The evidence of record shows he served in Vietnam from 13 March 1971 through 29 January 1972. Therefore, his DD Form 214 should be corrected to show these dates of service.
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:
a. deleting the entry "Vietnam Service from 13Mar72 thru 29Jan72 Indochina Yes Korea NO" from item 30 of his DD Form 214 and
b. replacing it with the entry "Vietnam -- 13 Mar 71 through 29 Jan 72, Indochina -- yes, Korea -- no."
__________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) AR20130011223
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ABCMR Record of Proceedings (cont) AR20130011223
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