IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150011916 BOARD VOTE: ____x____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150011916 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 amending item 22c of his DD Form 214 with an effective date of 7 November 1968 by deleting "0 5 25" and entering "1 4 24." _____________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. IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150011916 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 foreign service on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he deployed to Vietnam in May 1967, returned to the United States in June 1968, and returned to Vietnam in July 1968, where he remained through November 1968, at which time he was discharged. 3. The applicant provides: * DD Form 214 * Two certificates for the award of the Army Commendation Medal 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. On 7 December 1966, the applicant was inducted into the Army of the United States. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he arrived in the Republic of Vietnam on 13 May 1967 and departed on 6 November 1968. 4. Headquarters, 1st Cavalry Division (Airmobile) Letter Orders Number 5-313, dated 31 May 1968, show the applicant departed his unit in Vietnam on or about 6 June 1968, for 30 days special leave in the United States. 5. On 7 November 1968, he was released from active duty. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 5 months and 25 days of foreign service and the last theater in which he served was U.S. Army Pacific. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. Total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed was entered in Item 22c. DISCUSSION: The applicant's DA Form 20 shows his foreign service in Republic of Vietnam was from 13 May 1967 - 6 November 1968, a period of 1 year, 5 months, and 24 days. He returned to the U.S. for 30 days special leave in June and July of 1968. His total time actually served overseas is 1 year, 4 months, and 24 days. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011916 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011916 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2