IN THE CASE OF:
BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130018789
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 in:
* Item 17c (Date of Entry) - an entry date of 13 August 1966 instead of 13 August 1968
* Item 30 (Remarks) - he served in South Korea in a combat zone during the Vietnam War
2. The applicant states the date shown in item 17c of his DD Form 214 should read 13 August 1966. In effect, he would also like his DD Form 214 to show he served in South Korea in a combat zone during the Vietnam War. He was stationed in South Korea, U.S. Army Pacific (USARPAC) from 22 October 1966 through 30 October 1967.
3. The applicant provides a copy of 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 was appointed in the U.S. Army Reserve (USAR), Dental Corps, as a first lieutenant, on 12 May 1966. He was ordered to active duty and entered on active duty on 13 August 1966.
3. He served in Korea (USARPAC) from 2 October 1966 through 30 October 1967. He was assigned to the 10th Dental Detachment.
4. He was honorably discharged from active duty on 12 August 1968 at the expiration of his active duty commitment. He was credited with completing 2 years of net active service. His DD Form 214 shows in:
* Item 17c (Date of Entry) - 13 August 1968
* Item 22c (Foreign and/or Sea Service) - 1 year and 28 days (USARPAC)
* Item 30 Blood Group "A"
5. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, 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 17c - would list the date of entry on the current tour of active duty
* Item 22c - would list all periods of foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed
* There were no provisions for listing the country in which last period of overseas service was performed and/or identifying the country as a combat zone in item 30 of the DD Form 214
6. Army Regulation 635-5, dated 22 May 1972, stated:
* Item 22c would list the total active duty outside 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, i.e., USARPAC
* Item 30 would list service in Korea, Vietnam, or Indochina, i.e., "Indochina-No, Vietnam-No, Korea-Yes"
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was ordered to active duty from the USAR and entered active duty on 13 August 1966. He was discharged on 12 August 1968. Item 17c of the DD Form 214 shows he entered on active duty on 13 August 1968. Therefore, he is entitled to correction of item 17c of this DD Form 214 to show an entry date of 13 August 1966.
2. He served in USARPAC during his period of active duty. Based on the May 1972 regulatory guidance, Item 30c would show service in Korea. Therefore, as a matter of equity, the entry, "Indochina-No, Vietnam-No, and Korea-Yes
(2 October 1966 through 30 October 1967) " should be added to item 30 of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* deleting from item 17c of his DD Form 214 the entry 13 August 1968 and replacing it with the entry 13 August 1966
* adding to item 30 of his DD Form 214 the entry, "Indochina-No, Vietnam-No, and Korea-Yes (2 October 1966 through 30 October 1967)"
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing his service in Korea was in a combat zone.
__________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) AR20130018789
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ABCMR Record of Proceedings (cont) AR20130018789
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