IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140013888
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 both of his Vietnam tours.
2. The applicant states that his DD Form 214 only reflects his last tour in Vietnam; however, he served his first tour in Vietnam from December 1967 to December 1968.
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 enlisted in the Regular Army on 21 June 1964 for a period of 4 years and assignment with the Army Security Agency.
3. He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a communications center specialist at Fort Gordon, Georgia and was transferred to Korea for his first assignment. He served 6 months in Korea and was transferred to Hawaii for 5 months.
4. On 7 December 1967, he was transferred to Vietnam and served there until 12 November 1968 when he was transferred to the Philippines where he served for 8 months.
5. On 1 August 1969, he was again transferred to Vietnam and served there until 10 June 1970 when he was transferred to Oakland Army Base, California and was honorably released from active duty (REFRAD) on 11 June 1970. He had served 3 years, 11 months and 21 days of active service and his DD Form 214 issued at the time of his REFRAD shows in item 30 only his last tour in Vietnam.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to show both of his tours in Vietnam has been noted and found to have merit.
2. The applicant served in Vietnam from 7 December 1967 12 November 1968 and from 1 August 1969 10 June 1970; however, his DD Form 214 only reflects his last tour.
3. Accordingly, his DD Form 214 should be corrected by adding the applicants first tour in Vietnam to item 30.
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 adding the entry "RVN 7 Dec 67 12 Nov 68" to item 30 of his DD Form 214.
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) AR20140013888
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ABCMR Record of Proceedings (cont) AR20140013888
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