IN THE CASE OF:  	  

		BOARD DATE:  9 October 2014  	  

		DOCKET NUMBER:  AR20140003792 


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 tour of duty in Vietnam and that the following items are properly completed:

* item 22a(1) (Net Service This Period)
* item 22a(2) (Other Service)
* item 22a(3) (Total)
* item 22b (Total Active Service)
* item 22c (Foreign and/or Sea Service)

2.  The applicant states his tour of duty in Vietnam is not shown on his DD Form 214.

3.  The applicant provides a copy of 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 10 October 1966.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in U.S. Army Pacific (USARPAC)-Vietnam during the period 20 October 1967 through 19 October 1968.  He participated in four campaigns while assigned to:

* Headquarters and Headquarters Company, 4th Transportation Command, from 24 October 1967 to 11 December 1967
* 511th Transportation Detachment from 12 December 1967 to 12 October 1968

4.  On 2 September 1969, he was honorably released from active duty.  All item 22 blocks of his DD Form 214 are blank.  The following information should have been entered on his DD Form 214:

* item 22a(1) – 2 years, 10 months, and 23 days
* item 22a(2) – 0 years, 0 months, and 0 days
* item 22a(3) – 2 years, 10 months, and 23 days
* item 22b – 2 years, 10 months, and 23 days
* item 22c – USARPAC – 11 months and 23 days

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  Instructions stated to enter the total period of active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed, e.g., "USARPAC" in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30 (Remarks) as follows:  "Vietnam Service:  (from date to date)."

DISCUSSION AND CONCLUSIONS:

An administrative error occurred during preparation of the applicant's DD Form 214 at the time of his separation on 2 September 1969.  His statement of service is blank; therefore, he is entitled to correction of his DD Form 214 to show his proper service credit.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 adding the following entries to his DD Form 214:

* item 22a(1) – 02  10  23
* item 22a(2) – 00  00  00
* item 22a(3) – 02  10  23
* item 22b – 02  10  23
* item 22c – USARPAC – 00  11  23
* item 30 – "Vietnam Service:  20 October 1967 through 12 October 1968"



      ____________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)                                         AR20140003792



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ABCMR Record of Proceedings (cont)                                         AR20140003792



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