BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130018066
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 his dates of service in Vietnam (February-July 1968).
2. The applicant states he served in Vietnam in a temporary duty status (TDY).
3. The applicant provides copies of:
* TDY orders to Vietnam
* his DD Form 214
* 1 February 1971 Office of the Adjutant General U.S. Army Administration Center memorandum, Subject: Elimination Board Proceedings
* pages 2 and 3 of his 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 was inducted into the Army of the United States on 3 August 1966. He completed training and he was awarded military occupational specialty 76V (Equipment Storage Specialist).
3. His DA Form 20 shows he served in Vietnam from 4 February through 3 July 1968 (5 months). There is no other overseas service listed.
4. He was released from active duty on 2 August 1968 in the rank/grade of specialist four (SP4)/E-4. He completed 2 years of net active duty service.
5. The applicant's DD Form 214 shows in item 22c (Foreign and/or Sea Service) the entry 0 5 0 indicating foreign service for 5 months. Item 30 (Remarks) does not show his service in Vietnam.
6. His record contains a copy of Headquarters, U.S. Army Quartermaster Center and Fort Lee Letter Orders Number 98, dated 26 January 1968, that show he was placed on TDY to Headquarters and Headquarters Company, 1st Logistics Command, Vietnam from 31 January 1968 for approximately 150 days in support of Project Counter III. The orders indicated he would fly to Vietnam on
2 February 1968.
7. Army Regulation 635-5 (Separation Documents) in effect at the time provides detailed instructions for completing separation documents, including the DD Form 214. It states item 22c will show the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., "USARPAC." During the applicant's period of service there was no provision for specifically noting Vietnam service in the Remarks section of the DD Form 214. Army Regulation 635-5 was changed in February 1972 to include Vietnam service on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 shows he served in Vietnam from 4 February through 3 July 1968 (5 months) and this was the last overseas theater in which he served. His DD Form 214 correctly credits him with 5 months of foreign service as required by the applicable regulation at the time, but the overseas theater was not listed. His DD Form 214 should be corrected to show his last overseas service was performed in the U.S. Army Pacific (USARPAC) theater.
2. Additionally, it would be appropriate at this time to list his Vietnam service in item 30 of his DD Form 214.
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. adding to item 22c of his DD Form 214 the entry USARPAC; and
b. adding to item 30 of his DD Form 214 the entry Vietnam - 4 February 1968 through 3 July 1968
___________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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ABCMR Record of Proceedings (cont) AR20130018066
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