BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015169
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 and to show additional foreign and/or sea service.
2. The applicant states his DD Form 214 does not show all of his foreign service and does not specifically show his dates of service in Vietnam. He needs this correction for Department of Veterans Affairs (VA) eligibility.
3. The applicant provides no evidence to support his application.
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 on 18 April 1967, completed training, and was awarded military occupational specialty 26L (Microwave Radio Repairman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) service in Germany from 21 March 1968 through 10 April 1970 and service in Vietnam from 20 January 1969 through 19 January 1970 [1 year]; and
b. item 38 (Record of Assignments) service in Germany from 6 April 1968 through 27 November 1968, casual status from 28 November 1968 through 22 January 1969, and service in Vietnam from 23 January 1969 through 19 January 1970 (the date he was released from active duty).
4. His DD Form 214 shows he was released from active duty on 19 January 1972 as an overseas returnee and item 22c (Statement of Service - Foreign and/or Sea Service) "USARPAC [U.S. Army Pacific] 1 [year] 9 [months] 28 [days]."
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214 and states the Remarks section is used for Headquarters Department of the Army mandatory requirements when a separate section is not available and as a continuation for entries in items 11, 13, and 14. For service in Indochina and Korea on or after 5 August 1964 enter the inclusive dates of service to item 30. For foreign service in Vietnam the entry should show "Vietnam-DATE MONTH YEAR through DATE MONTH YEAR, Indochina-yes, Korea-no."
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show conflicting dates of his foreign service in Germany, ranging from 8 months to 2 years. Based on the best compilation of information from all sources in his records, it appears the correct dates of his service in Germany were from 21 March 1968 through 28 November 1968 (8 months and 8 days).
2. His service in Vietnam is shown as from 20 January 1969 through 19 January 1970 (1 year). Combining his two periods of foreign service this gives the applicant 1 year, 8 months, and 8 days of foreign service.
3. His DD Form 214 shows 1 year, 9 months, and 28 days of foreign service. The difference of 1 month and 20 days appears to be the period the applicant was in a casual status between duty stations. In light of the available evidence, it would not be appropriate to amend his DD Form 214 to show additional foreign and/or sea service.
4. The governing regulation at the time prescribed the requirement to enter service in Vietnam in the Remarks section of the DD Form 214. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show in item 30 (Remarks) "Vietnam-20 January 1969 through 19 January 1970, Indochina-yes, Korea-no."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X_____ __X__ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 30 of his DD Form 214 to show the statement "Vietnam-20 January 1969 through 19 January 1970, Indochina-yes, Korea-no."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing any additional foreign service.
_______ _ 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) AR20140015169
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ABCMR Record of Proceedings (cont) AR20140015169
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