IN THE CASE OF:
BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20140019052
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) by showing all of his overseas service in the Republic of Vietnam (RVN).
2. The applicant states he served during two periods in the RVN but his
DD Form 214 only shows the last period of overseas service.
3. The applicant provides copies of:
* DD Form 214
* Letter, 145th Aviation Battalion, dated 15 May 1964
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. On 26 January 1963, the applicant enlisted in the Regular Army. He was trained as a radio teletype operator.
3. His DA Form 20 (Enlisted Qualification Record) shows in Item 29 (Foreign Service):
a. 13 September 1963 to 2 October 1964: RVN (Located within the U.S. Army Pacific Command (USARPAC)) service (1 year, 20 days); and
b. 25 September 1965 to 18 January 1966: USARPAC (3 months, 24 days).
4. On 24 January 1966, the applicant was released from active duty.
5. The applicant's DD Form 214 shows in Item 24c (Foreign and/or Sea Service): 0 years, 3 months, 28 days.
6. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. Item 24c was to reflect the Soldier's service in the last overseas area in which he served.
DISCUSSION AND CONCLUSIONS:
1. The available evidence of record shows that the applicant served in USARPAC from 13 September 1963 to 2 October 1964 and from 25 September 1965 to 18 January 1966, totaling a combined period of 1 year, 4 months, and
14 days. However, his DD Form 214 only shows 3 months and 28 days in USARPAC.
2. In view of the above, it would be appropriate to correct the applicant's
DD Form 214 to show all of his service in USARPAC.
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 showing in Item 24c of his DD Form 214: USARPAC, 1 year, 4 months, and 14 days.
_______ _ 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) AR20140000220
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140019052
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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