IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150000993
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he served in the Republic of Vietnam (RVN) from 16 May 1969 to 20 May 1970 versus 16 May 1969 to 20 May 1969.
2. The applicant states his DD Form 214 shows he served in the RVN from 16 May 1969 to 20 May 1969. He actually served in the RVN from 16 May 1969 to 20 May 1970. He believes it was just a typographical error.
3. The applicant provides 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 23 September 1968. After completing initial training, he was awarded military occupational specialty 63C (General Vehicle Repairman).
3. His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) service in the RVN for the period starting on or about 16 May 1969 and ending on or about 20 May 1970.
4. On 24 June 1971 he was honorably released from active duty. His DD Form 214 shows in item 30 (Remarks) he served in the RVN from 16 May 1969 to 20 May 1969.
5. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, states item 31 of the DA Form 20 will show in chronological order each foreign service tour performed by the service member. In the "FROM" entry, enter the date of departure from a Continental United States (CONUS) port. In the "THROUGH" entry, enter the actual date of arrival at a port in CONUS upon return from the overseas service tour.
DISCUSSION AND CONCLUSIONS:
The evidence indicates the applicants service in the RVN began on or about 16 May 1969 and ended on or about 20 May 1970. Therefore, it is recommended item 30 of his DD Form 214 be corrected to show he served in the RVN from 16 May 1969 to 20 May 1970.
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 deleting from item 30 of his DD Form 214 the entry "RVN 16 May 69 20 May 69" and replacing it with the entry "SERVICE IN VIETNAM FROM 16 May 1969 20 May 1970."
_______ _ 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) AR20150000993
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ABCMR Record of Proceedings (cont) AR20150000993
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