IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140012327
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 total service in Vietnam.
2. The applicant states:
* he extended his tour in Vietnam for 2 months
* his DD Form 214 shows he served in Vietnam for only 11 months and 27 days
* he served in Vietnam from April 1967 to June 1968
* he was only at Fort Hood, TX, for 4 months upon his return from Vietnam, but his DD Form 214 shows he was there for 6 months
* he needs his DD Form 214 to show his correct foreign service credit for his Department of Veterans Affairs claim
3. The applicant provides:
* DD Form 214
* Army Commendation Medal Certificate
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 17 November 1966.
3. U.S. Army Training Center and Fort Leonard Wood, Special Orders Number 83, dated 24 March 1967, directed his reassignment to Vietnam not later than 16 April 1967.
4. Headquarters, 25th Infantry Division, Special Orders Number 56, dated 25 February 1968, directed his reassignment from Vietnam to Fort Hood, TX, effective 20 April 1968.
5. On 5 March 1968, he submitted a request to extend his tour of duty in Vietnam for 60 days.
6. Headquarters, 25th Infantry Division, Special Orders Number 139, dated 18 May 1968, amended Special Orders Number 56, to show his return date from Vietnam as 12 June 1968 and his reporting date to Fort Hood, TX, as 19 June 1968.
7. He provided a copy of his Army Commendation Medal Certificate showing he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from April 1967 to June 1968.
8. His DA Form 20 shows in:
* item 31 (Foreign Service) U.S. Army Pacific (USARPAC) Vietnam from 18 April 1967 through 14 June 1968 14 months
* item 38 (Record of Assignments)
* Company C, 65th Engineer Battalion, 25th Infantry Division, from 23 April 1967 through 12 June 1968
* Company A, 17th Engineer Battalion, Fort Hood, TX, from 15 July 1968 to 15 November 1968
9. On 15 November 1968, he was honorably released from active duty. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 11 months and 27 days of foreign service under the command of USARPAC.
10. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The instructions stated to enter the total period of active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed (e.g., USARPAC) in item 22c. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30 (Remarks) as follows: "VIETNAM SERVICE: FROM (date) TO (date)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his correct period of foreign service in Vietnam was carefully considered.
2. Sufficient evidence has been presented showing he served in Vietnam during the period 18 April 1967 through 12 June 1968. Therefore, he is entitled to correction of his DD Form 214 to show his total foreign service.
3. His foreign service command is shown on his DD Form 214 as USARPAC and the specific geographic location was not required to be shown at the time of his separation. Later regulatory guidance required entering the inclusive dates of service in Vietnam. Therefore, it would be appropriate to show his dates of service in Vietnam in item 30 of his DD Form 214 in the prescribed format.
BOARD VOTE:
____x____ ____x____ ___x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 his DD Form 214 as follows:
a. deleting the current entry shown item 22c and replacing it with 1 year, 1 month, and 26 days; and
b. adding the entry "VIETNAM SERVICE: FROM 18 APRIL 1967 TO 12 JUNE 1968" to item 30.
_______ _ _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) AR20140012327
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ABCMR Record of Proceedings (cont) AR20140012327
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