Docket No.1089-20
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF FORMER , USN, 
            
 
Ref:   (a) 10 U.S.C. § 1552 
 
Encl:  (1) DD Form 149 
 
1.  Pursuant to the reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with the Board for Correction of Naval Records (Board) requesting correction to Block 22(c) foreign service, listed on his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to reflect his total service in Vietnam.  
 
2.  The Board, consisting of         , reviewed Petitioner’s allegations of error and injustice on 25 September 2020, and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of his naval service records, as well as applicable statutes, regulations, and policies. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice finds as follows: 
 
    a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
    b.  Although the enclosure was not filed in a timely manner, it is in the interest of justice to review the application on its merits. 
 
    c.  Petitioner enlisted in the Navy and began a period of active duty on 5 December 1967.  Petitioner reported to Navy      on  
6 March 1968.  On 20 November 1968, Petitioner was authorized to wear the Vietnam Service Medal (VSM) with bronze star and the Vietnam Campaign Medal (VCM).  On 30 May 1969, Petitioner reported to Navy   .  On 12 January 1970, Petitioner was discharged and received an honorable characterization of service by reason of physical disability with entitlement to severance pay.  Petitioner was issued a DD Form 214, with Block 22(c) reflecting “5” months of foreign service.
 
     d.  Following a review of the record and further research of the Petitioner’s unit chronology, it appears that while assigned to NMCB-53 the Petitioner spent a total of “8” months in the Republic of Vietnam (RVN), and “5” months in the RVN while assigned to NMCB-74. Petitioner spent a total of 13 months in the RVN.  
 
     e. Petitioner contends the time he spent in a war zone is not correct on his DD Form 214.  Petitioner contends he is now service connected with heart disease and soft-tissue sarcoma cancer as a result of exposure to agent orange (a tactical herbicide used by the military to clear leaves and vegetation for military operations during the Vietnam War).  
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board determined the Petitioner’s request warrants favorable action.  The Board notes the Petitioner’s certificate of release or discharge from active duty (DD Form 214) incorrectly reflects “5” months of foreign service. 
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record, be corrected to reflect “1 year, 1 month” of foreign service. 
 
That Petitioner be issued Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) for period of active duty ending on 12 January 1970 to reflect “1 year, 1 month” of foreign service. 
 
That a copy of this Report of Proceedings be filed in Petitioner’s Naval record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 23 January 2020. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.