IN THE CASE OF:
BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140007944
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his service in Vietnam.
2. The applicant states his DD Form 214 indicates he had no service in Vietnam when in fact he served in Vietnam from 17 August to 16 September 1971.
3. The applicant provides copies of orders transferring him from Thailand to Vietnam for 30 days.
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 on 14 October 1968 and was transferred to Fort Jackson, South Carolina to undergo his basic training. He was honorably discharged on 20 October 1968 for the purpose of enlisting in the Regular Army.
3. He enlisted in the Regular Army on 21 October 1968 for a period of 3 years. He completed his basic training and was transferred to Fort Lee, Virginia for advanced individual training (AIT) as a stock control and accounting specialist. He completed his AIT and was transferred to Thailand on 28 April 1969. He was promoted to the pay grade of E-5 on 16 January 1970. He was honorably discharged on 21 March 1971 for the purpose of immediate reenlistment. On
22 March 1971, he reenlisted for a period of 4 years and his present duty assignment in Thailand.
4. On 17 August 1971, he was attached to the U.S. Army Vietnam Aviation Maintenance Center in Vietnam for duty as the liaison for the 70th Aviation Detachment. On 16 September 1971, he was relieved from attachment and was returned to his unit in Thailand.
5. He remained in Thailand until 25 March 1973 when he was transferred to Fort Lee to attend the Basic Noncommissioned Officer Education System course. On 30 April 1973, he was attached to Fort Buchanan, Puerto Rico for the purpose of applying for a hardship discharge.
6. On 15 August 1973, he was honorably discharged under the provisions of Army Regulation 635-200, chapter 6, for hardship. He had served 4 years, 10 months, and 2 days of total active service. His DD Form 214 issued at the time of his discharge shows in item 30 the entry Vietnam: No.
7. Army Regulation 635-5 (Separation Documents) served as the authority for the preparation of the DD Form 214. The regulation in effect at the time provided that if a Soldier served in Vietnam the inclusive dates of service in Vietnam would be entered in the remarks section of the DD Form 214; otherwise, an entry of No would be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Vietnam from 17 August to 16 September 1971; however, his DD Form 214 reflects that he did not serve in Vietnam.
2. His DD Form 214 should be corrected by deleting the NO entry for service in Vietnam and an entry of Service in Vietnam 17 August 16 September 1971 should be entered in the Remarks Section of his DD Form 214 dated 15 August 1973.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry Vietnam: No from item 30 of his DD Form 214 dated 15 August 1973
* Adding the entry Service in Vietnam 17 August 16 September 1971 to item 30 of his DD Form 214 dated 15 August 1973
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140007944
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140007944
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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