IN THE CASE OF:	  

		BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140000697 


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 foreign service in the Republic of Vietnam.

2.  He states he served 8 months in Saigon on a special mission with the 82nd Airborne Division in 1972. 

3.  The applicant did not provide any additional documentation.

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’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost in that fire.  However, the DD Form 214 and DA Form 2-1 (Personnel Qualification Record – Part II) contained in his record are sufficient to allow the Board to conduct a fair and impartial review of the case.

3.  He was inducted into the Army of the United States on 11 February 1971.  His DD Form 214 shows his last duty assignment was with B Battery, 2nd Battalion, 321st Artillery, Fort Bragg, NC.  He was honorably released from active duty (REFRAD) on 30 March 1973 and transferred to the U.S. Army Reserve.  This form also shows "0 0 0" in item 22c (Foreign and/or Sea Service).  Item 30 (Remarks) does not indicate his period of service in Vietnam.

4.  Item 5 (Oversea Service) and item 38 (Record of Assignments) of his DA Form 2-1 does show the entry "From 7202 Thru 7212 - FEPA STVN - 10 MO" (February 1972 thru December 1972 short tour Vietnam 10 months).

5.  Item 9 (Awards, Decorations and Campaigns) of this form shows he was given campaign credit for:  Consolidation II, 1 December 1971—29 March 1972 and 
Vietnam Cease-Fire, 30 March 1972—28 January 1973.  

6.  His record is void of documentation such as orders, a manifest, or flight itinerary or the like showing his exact unit of assignment or dates in Vietnam. 

7.  Army Regulation 635-5 (Separation Documents) in effect at the time of his REFRAD prescribed, in paragraph 51b, that the total amount of foreign service completed during the period covered by the DD Form 214 would be entered in Item 22c and the theater of service would be identified (e.g., USARPAC for Korea and Vietnam).  Change Number 11 to this regulation, effective 27 January 1970, prescribed additional entries regarding inclusive dates of service in Vietnam to be entered in "Remarks" section of the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant stated he served in Vietnam 8 months while serving with the 82nd Airborne Division.  His DA Form 2-1 shows he served in Vietnam from February thru December 1972 for 10 months.  Although the exact dates are not listed, it would served in the interest of equity to use the dates 1 February through 31 December 1972 as his dates of service in Vietnam. 

2.  As a result, items 22c and 30 of his DD Form 214 should be amended to include this information as shown below. 


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 amending the DD Form 214 for the period ending 30 March 1973 to show:

	a.  in item 22c "0 Years 10 months 0 days" and 

	b.  in item 30 the entry "Vietnam 1 February - 31 December 1972."



      _______ _   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)                                         AR20140000697



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ABCMR Record of Proceedings (cont)                                         AR20140000697



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