IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140011411
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.
2. The applicant states he served in Chu Lai, Vietnam, but there is no indication on his DD Form 214 that he served in Vietnam. He is seeking service-connected disability compensation but he was denied compensation because his DD Form 214 does not show he served in Vietnam.
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 inducted into the Army of the United States on 14 June 1968.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 10 November 1968 to 15 January 1970, a period of 1 year, 2 months, and 6 days. These dates of service are consistent with dates shown on his reassignment orders to and from Vietnam, and the period of service is consistent with the entry in item 22c (Foreign and/or Sea Service) of his DD Form 214.
4. He was honorably released from active duty on 16 January 1970. Item 22c of his DD Form 214 indicates he served 1 year, 2 months, and 6 days of foreign and/or sea service. It also shows the entry "USARPAC" (U.S. Army Pacific). Item 30 (Remarks) of his DD Form 214 does not include an entry reflecting his Vietnam service.
5. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's active duty service, provided detailed instructions for completing separation documents. The version in effect at the time of the applicant's separation specified that item 22c of the DD Form 214 would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed (e.g., USARPAC). The regulation did not provide for the country where the overseas service was performed or the specific dates of the overseas service to be identified on the DD Form 214.
6. Army Regulation 635-5 later provided that in the remarks section, the preparer should indicate Indochina and Korea service on or after 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. For example, to show service in Vietnam only, enter "Vietnam 25 Apr 70 through 28 May 71, Indochina yes, Korea no."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the dates of his service in Vietnam has been carefully considered.
2. The regulation in effect at the time of his separation did not provide for the identification of the country where the overseas service was performed or the specific dates of the overseas service on the DD Form 214. However, the regulation was subsequently changed to provide for such an entry. Therefore, in order to facilitate the processing of any claim the applicant may have to the Department of Veterans Affairs and as a matter of equity, it would be appropriate correct item 30 of his DD Form 214 to show his Vietnam service.
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 adding to item 30 of his DD Form 214 the entry "Vietnam 10 November 1968 to 15 January 1970, Indochina yes, Korea no."
___________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) AR20140011411
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ABCMR Record of Proceedings (cont) AR20140011411
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