RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 April 2007 DOCKET NUMBER: AR20060012635 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his dates of service in Vietnam. He also requests, in effect, that the geographic area of Vietnam where he served also be added to his DD Form 214. 2. The applicant essentially states that his DD Form 214 does not list his dates of service in Vietnam. He also states that his records do not state the area of Vietnam where he served was sprayed with Agent Orange. 3. The applicant provides a Standard Form 180 (Request Pertaining to Military Records) and a National Archives Form 13042 (Request for Information Needed to Locate Medical Records) in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 27 August 1971, the date of his release from active duty. The application submitted in this case is dated 25 August 2006. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant’s military records show that he was inducted into the Army of the United States on 6 November 1969. He completed basic and advanced individual training and was awarded military occupational specialty 94B (Cook). He departed for the Republic of Vietnam on 18 April 1970, and served with Headquarters and Headquarters Company, 3rd Battalion, 1st Infantry Regiment during his tour in Vietnam. He returned to the continental United States on 22 March 1971, and served at Fort Dix, New Jersey until he was honorably released from active duty on 27 August 1971. 4. Item 30 (Remarks) of the applicant’s DD Form 214 incorrectly shows that he served in Vietnam from 18 April 1970 to 20 March 1970. It was also noted that his dates of service in Vietnam are incorrect in item 31 (Foreign Service) and item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record). However, it is apparent that the applicant’s ending period for his service in Vietnam was incorrectly entered as 22 March 1970, and should have read 22 March 1971. 5. The applicant’s DD Form 214 does not have an entry which shows where he was geographically stationed while he was in Vietnam. However, there has never been a provision of regulation that required or provided for such a statement on the DD Form 214. Additionally, even if there was a provision for such an entry, there is no information in his military records which shows exactly where he physically served while in Vietnam. 6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. This regulation provided, in pertinent part, that an entry would be entered in the remarks section of the DD Form 214 to indicate inclusive dates of service in Vietnam. 7. Army Regulation 635-5 has never required or provided that an entry showing where a Soldier was geographically located in a combat zone would be or could be entered on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. Although item 30 of the applicant’s DD Form 214 shows dates of service in Vietnam, they are incorrect. Therefore, he is entitled to correction of his military records to show that his dates of service in Vietnam were from 18 April 1970 to 22 March 1971. 2. As there is no provision for showing where a Soldier was geographically located while stationed in Vietnam, and the fact that there is no information in his military records which shows exactly where he physically served while in Vietnam, there is insufficient basis for granting relief to this portion of the applicant’s request. 3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 August 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 26 August 1974.  The applicant did not file within the 3-year statute of limitations; however, based on the available argument, it would be in the interest of justice to excuse failure to timely file based on the partial relief being granted in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __JM ___ __TR ___ __RN___ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that his dates of service in Vietnam were from 18 April 1970 to 22 March 1971. 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 the geographic location of where the applicant served in Vietnam. ______ John Meixell_________ CHAIRPERSON INDEX CASE ID AR20060012635 SUFFIX RECON YYYYMMDD DATE BOARDED 20070417 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION PARTIAL GRANT REVIEW AUTHORITY AR 15-185 ISSUES 1. 110.0000.0000 2. 3. 4. 5. 6.