BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090005589 


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 (Report of Separation from Active Duty) for the period ending 18 December 1975 to show he served in the Republic of Vietnam from 15 December 1969 through 18 November 1970.

2.  The applicant states that the above DD Form 214 does not show the correct period he served in the Republic of Vietnam.

3.  The applicant provides his DD Form 214 for the period ending 18 December 1975; Headquarters, 25th Infantry Division, Special Orders Number 354, dated 20 December 1969; and Headquarters, U.S. Army Field Artillery Center and Fort Sill, letter, dated 14 February 1975.

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 (RA) on 14 July 1969.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam and was assigned to Troop C, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division, on 15 December 1969.

4.  On 18 April 1970, the applicant was honorably discharged and immediately reenlisted on 19 April 1970.  He was reassigned to Headquarters and Headquarters Detachment, 57th Transportation Battalion, on 26 May 1970.

5.  On 18 November 1970, the applicant departed Vietnam.

6.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam for the period 15 December 1969 through 18 November 1970.

7.  On 20 February 1973, the applicant was honorably released from active duty. He was authorized early release to serve 1 year in the Army National Guard (ARNG) or the U.S. Army Reserve.

8.  An NGB Form 22 (Report of Separation) shows that the applicant enlisted in the Tennessee ARNG on 16 March 1973.  He was released from the ARNG on 20 January 1974 to enlist in the RA.

9.  On 21 June 1974, the applicant enlisted in the RA, he was honorably discharged on 18 December 1975, and immediately reenlisted on 19 December 1975.

10.  Item 27 (Remarks) of the applicant's DD Form 214 for the period ending 18 December 1975 erroneously shows the entry, "Ref Item 19:  Vietnam - 15 Dec 69 - 18 Jan 70, Indochina - Yes, Korea - No."  

DISCUSSION AND CONCLUSIONS:

The applicant contends that his DD Form 214 for the period ending 18 December 1975 which shows he served in Vietnam from 15 December 1969 through 18 January 1970 should be corrected.  The evidence of record shows he served in Vietnam for the period 15 December 1969 through 18 November 1970.  Therefore, item 27 of his DD Form 214 for the period ending 18 December 1975 should be corrected to read 15 December 1969 through 18 November 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:

	a.  deleting from item 27 of the applicant's DD Form 214 the entry, "Ref Item 19:  Vietnam - 15 Dec 69 - 18 Jan 70, Indochina - Yes, Korea - No"; and

	b.  adding to item 27 of the applicant's DD Form 214 the entry, "Ref Item 19:  Vietnam - 15 Dec 69 - 18 Nov 70, Indochina - Yes, Korea - No."




      ____________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)                                         AR20090005589



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ABCMR Record of Proceedings (cont)                                         AR20090005589



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