IN THE CASE OF:
BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20140000697
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 foreign service in the Republic of Vietnam.
2. He states he served 8 months in Saigon on a special mission with the 82nd Airborne Division in 1972.
3. The applicant did not provide any additional documentation.
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 applicants military records were not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed his records were lost in that fire. However, the DD Form 214 and DA Form 2-1 (Personnel Qualification Record Part II) contained in his record are sufficient to allow the Board to conduct a fair and impartial review of the case.
3. He was inducted into the Army of the United States on 11 February 1971. His DD Form 214 shows his last duty assignment was with B Battery, 2nd Battalion, 321st Artillery, Fort Bragg, NC. He was honorably released from active duty (REFRAD) on 30 March 1973 and transferred to the U.S. Army Reserve. This form also shows "0 0 0" in item 22c (Foreign and/or Sea Service). Item 30 (Remarks) does not indicate his period of service in Vietnam.
4. Item 5 (Oversea Service) and item 38 (Record of Assignments) of his DA Form 2-1 does show the entry "From 7202 Thru 7212 - FEPA STVN - 10 MO" (February 1972 thru December 1972 short tour Vietnam 10 months).
5. Item 9 (Awards, Decorations and Campaigns) of this form shows he was given campaign credit for: Consolidation II, 1 December 197129 March 1972 and
Vietnam Cease-Fire, 30 March 197228 January 1973.
6. His record is void of documentation such as orders, a manifest, or flight itinerary or the like showing his exact unit of assignment or dates in Vietnam.
7. Army Regulation 635-5 (Separation Documents) in effect at the time of his REFRAD prescribed, in paragraph 51b, that the total amount of foreign service completed during the period covered by the DD Form 214 would be entered in Item 22c and the theater of service would be identified (e.g., USARPAC for Korea and Vietnam). Change Number 11 to this regulation, effective 27 January 1970, prescribed additional entries regarding inclusive dates of service in Vietnam to be entered in "Remarks" section of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant stated he served in Vietnam 8 months while serving with the 82nd Airborne Division. His DA Form 2-1 shows he served in Vietnam from February thru December 1972 for 10 months. Although the exact dates are not listed, it would served in the interest of equity to use the dates 1 February through 31 December 1972 as his dates of service in Vietnam.
2. As a result, items 22c and 30 of his DD Form 214 should be amended to include this information as shown below.
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 the DD Form 214 for the period ending 30 March 1973 to show:
a. in item 22c "0 Years 10 months 0 days" and
b. in item 30 the entry "Vietnam 1 February - 31 December 1972."
_______ _ 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) AR20140000697
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140000697
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110003912
The applicant provides: * his DD Form 214 * pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record) CONSIDERATION OF EVIDENCE: 1. Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 25 January 1972 through 4 October 1972. It states that for: a. item 22c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea...
ARMY | BCMR | CY2011 | 20110003016
His DD Form 214 shows in: * item 22c (Foreign and/or Sea Service) he served in USARPAC for 2 months and 20 days * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the National Defense Service Medal and the Parachute Badge * item 30 (Remarks) no entry documenting his service in Vietnam 8. In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a...
ARMY | BCMR | CY2013 | 20130020430
Counsel requests the applicant's DD Form 214 be corrected to show his combat service. The applicant's complete military records are not available to the Board for review. 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,...
ARMY | BCMR | CY2009 | 20090004755
Application for correction of military records (with supporting documents provided, if any). Nevertheless, proof of the applicants having received nonjudicial punishment as well as HFP for a period of foreign service in Korea is sufficient evidence to show he served in Korea and he is entitled to correction of his DD Form 214 to show this service. _______ _ __x_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2012 | 20120012288
Army Regulation 635-5 in effect at the time provided that 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 the service was performed would be entered in item 22c. His DD Form 214 should be corrected to show this foreign service and it would also be appropriate to show this service in the item 30 of his DD Form 214. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2014 | 20140002730
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. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active...
ARMY | BCMR | CY2009 | 20090018007
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 7 July 1972 to show his service in Vietnam and all appropriate awards associated with this service. The applicant states that he served in Vietnam from June 1969 to June 1970, but there is no indication of this service on his DD Form 214 or any awards associated with this service. The applicant contends that his DD Form 214 should be corrected to...
ARMY | BCMR | CY2013 | 20130002103
c. Item 24 shows he was authorized one overseas service bar; however, he served in Vietnam for three 6-month periods during this period of service. Therefore, he is entitled to correction of his DD Form 214 to show he was authorized three overseas service bars. Therefore, he is entitled to correction of this DD Form 214 to show he was authorized three overseas service bars.
ARMY | BCMR | CY2010 | 20100013625
Therefore, he completed 3 months and 6 days of foreign service in Vietnam during the period covered by this DD Form 214, which is correctly shown in item 22c of this DD Form 214. d. He was inducted on 10 February 1970 and was honorably discharged on 18 November 1970. Therefore, he completed 9 months and 2 days of foreign service in Vietnam during the period covered by this DD Form 214, which is correctly shown in item 22c of this DD Form 214. d. He enlisted on 19 November 1970 and was...
ARMY | BCMR | CY2012 | 20120003708
He adds his records are incorrect because: * his RVN service is not properly recognized * he was assigned to an airborne unit and awarded the Parachutist Badge, but he was not airborne 3. The evidence shows the applicant, while assigned to the 763rd Ordnance Detachment, 82nd Airborne Division, was part of a team sent to the RVN to deploy the ground-launched TOW missile. Based on the above evidence, the applicant's DD Form 214 for the period ending 10 May 1973 should be corrected to show...