IN THE CASE OF:
BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20130015183
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 item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his through date in the Republic of Vietnam as 14 April 1971 instead of 14 April 1970.
2. The applicant states, in effect, the date is wrong and he has other documents to prove this.
3. The applicant provides:
* Army Commendation Medal Citation and Certificate
* DD Form 214
* General Orders Number 1676, issued by Headquarters, 1st Aviation Brigade, dated 1 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 was inducted into the Army of the United States on 11 September 1969.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 15 April through 14 April 1971.
4. On 15 April 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Control Group (Annual Training). His DD Form 214 shows in Item 30 "RVN: 14 April 1970 14 April 1970."
5. The applicant provides copies of his ARCOM Certificate and Citation and general orders which show he served in Vietnam from 14 April 1970 through 14 April 1971.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.
Section III instructed the preparer, in pertinent part, to enter inclusive dates of service for Vietnam, for example: "Vietnam - 25 April 1970 to 28 May 1971."
DISCUSSION AND CONCLUSIONS:
The applicant's service in Vietnam as shown in Item 30 of his DD Form 214 is an obvious error. Sufficient evidence has been presented showing his service in Vietnam ended on 14 April 1971. Therefore, his DD Form 214 should be corrected to show this date.
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 his DD Form 214 to show his service in Vietnam was for the period 14 April 1970 through 14 April 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) AR20130015183
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130015183
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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