BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000821 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 BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000821 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 in item 30 (Remarks) of his DD Form 214 for the period ending 26 November 1968 the entry “Service in the Republic of Vietnam: 4 January 1968 to 25 November 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. BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000821 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) for the period ending 26 November 1968 by showing the dates of his service in the Republic of Vietnam (RVN). 2. The applicant states he served in the RVN from 4 January to 25 November 1968; however, the dates of this service are not shown on his DD Form 214. 3. The applicant provides: * DD Form 214 for the period ending 26 November 1968 * DD Form 214 for the period ending 2 March 1973 * DD Form 215 (Correction to DD Form 214), dated 21 May 1973 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 9 December 1966, the applicant enlisted in the Regular Army. 3. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 4 January to 25 November 1968. 4. On 26 November 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve control Group (Annual Training). Item 30 (Remarks) of his DD Form 214 for this period of service does not include his dates of service in the RVN. REFERENCES: Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It required the Statement of Service section of the form to show the number of years, months and days of foreign service and the major theater in which such service was last completed. A subsequent update to this regulation added the requirement to include in the Remarks section of the form the dates of service performed in the Republic of Vietnam on or after 5 August 1964. DISCUSSION: 1. The applicant contends his DD Form 214 ending on 26 November 1968 should be corrected to show the dates of his service in the RVN. 2. A review of the applicant’s military records confirms that he served in the RVN during the period in question and that this service was not recorded in the remarks section of his DD Form 214, as later required by regulation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000821 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000821 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2