IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20130016586
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, in effect, correction of item 30 (Remarks) of his DD Form 214 (Report of Separation from Active Duty), ending on 1 May 1972, to show his temporary duty (TDY) tours in Vietnam.
2. The applicant states he believes the three DD Forms 1351-2 (Travel Voucher or Subvoucher) are sufficient proof of his tours of duty in Vietnam. He would like to be recognized as a Vietnam Veteran and to join various military organizations.
3. The applicant provides copies of a Marine Crew Pass, two DD Forms 1351-2, two photographs of the Saigon River, and his DD Form 214.
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 29 October 1969 and served as a general vehicle mechanic.
3. His DA Form 20 (Enlisted Qualification Record) lists in:
* Item 31 (Foreign Service) he served in the U.S. Army Pacific (USARPAC)-Okinawa from 24 June 1970 through 2 December 1971 (a period of 18 months)
* Item 38 (Record of Assignments) he was assigned to the Transportation Operations Directorate, 2nd Logistical Command, USARPAC, from 30 June 1970 to 13 December 1971
4. He provided copies of the following:
* A Marine Crew Pass which was issued to him for the period 6 March through 5 August 1971 for transportation service on the U.S. Naval Ship (USNS) Comet T-AKR
* Two DD Forms 1351-2 which show he was TDY in:
* Vung Tau, Vietnam, from 15 to 16 September 1971
* Vung Tau, Vietnam, from 21 to 23 September 1971
* Saigon, Vietnam, from 23 to 26 September 1971
* Cam Ranh Bay, Vietnam on 27 to 29 September 1971
* Vung Tau, Vietnam, from 21 to 24 October 1971
* Saigon, Vietnam, from 24 to 29 October 1971
* Da Nang, Vietnam, from 12 to 15 November 1971
* Cam Ranh Bay, Vietnam, from 15 to 20 November 1971
5. He was released from active duty on 1 May 1972. His DD Form 214 lists in:
* Item 22c (Foreign and/or Sea Service) 1 year and 6 months in "USARPAC"
* Item 30 does not lists any service dates for Vietnam
6. Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 22c would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e., "USARPAC."
DISCUSSION AND CONCLUSIONS:
1. The applicant's service personnel record shows he served in USARPAC-Okinawa for a period of 1 year and 6 months and his DD Form 214 properly lists this service in item 22c.
2. The two DD Forms 1351-2 he submitted show he served in Vietnam on TDY from 15 to 16 September, 21 to 23 September, 23 to 26 September, and 27 to 29 September 1971; 21 to 24 October and 24 to 29 October 1971; and 12 to 15 November and 15 to 20 November 1971. Therefore, he is entitled to amendment of item 30 of his DD Form 214 to show his TDY duty in Vietnam.
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 adding to item 30 of the applicant's DD Form 214 the entry, "TDY Service in Vietnam from 15 to 16 September, 21 to 23 September, 23 to 26 September, and 27 to 29 September 1971; 21 to 24 October and 24 to 29 October 1971; and 12 to 15 November and 15 to 20 November 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) AR20130016515
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ABCMR Record of Proceedings (cont) AR20130016586
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