BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140005486
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 issuance of a DD Form 215 (Correction to DD Form 214) correcting item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his period of service in Vietnam.
2. He states the entry for Vietnam service on his DD Form 214 shows "None," yet the form clearly shows he was awarded the Vietnam Service Medal (VSM) and Republic of Vietnam (RVN) Campaign Medal with Device (1960). Item 12 (Last Duty Assignment and Major Command) shows he was released from the 14th Engineer Battalion, U.S. Army Vietnam. This error has proven costly to him in not receiving benefits from the Department of Veterans Affairs for a grave illness presumed to be caused by Agent Orange.
3. He provides:
* DD Form 214
* orders
* DA Form 613 (Check List for Preparation of Replacements for Oversea Movement)
* Military Assistance Command Vietnam Form 270-R (Malaria Debriefing)
* Army Commendation Medal Certificate and Citation
* newspaper articles
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. On 19 August 1969, the applicant was inducted into the Army of the United States.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he was assigned to the U.S. Army Pacific (USARPAC)-Vietnam from 26 January 1970 through 24 March 1971
* item 38 (Record of Assignments) he was assigned to duty in Vietnam with Company C, 14th Engineer Battalion (Combat), from 30 January 1970 to 19 March 1971.
4. On 26 March 1971, he was honorably released from active duty. His DD Form 214 shows he was awarded the VSM and RVN Campaign Medal with Device (1960). Item 22c (Foreign and/or Sea Service) shows he completed 1 year, 1 month, and 29 days of service with USARPAC. Item 30 of his DD Form 214 contains the entry "VN SERVICE: NONE."
5. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214. It stated for item 30 to enter inclusive dates of service in Vietnam during the current period of service.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows the applicant served in Vietnam. He is entitled to issuance of a DD Form 215 correcting his DD Form 214 by deleting from item 30 the entry "VN SERVICE: NONE" and adding the entry "VIETNAM SERVICE: 26 JANUARY 1970 24 MARCH 1971."
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 issuing a DD Form 215 correcting his DD Form 214 by:
a. deleting from item 30 the entry "VN SERVICE: NONE" and
b. adding to item 30 the entry "VIETNAM SERVICE: 26 JANUARY 1970 24 MARCH 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) AR20140005486
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ABCMR Record of Proceedings (cont) AR20140005486
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