PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            02 OCTOBER 2001                  
	DOCKET NUMBER:   AR2001057114

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Richard T. Dunbar 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that item 22c (foreign and/or sea service) and item 30 (remarks) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that he served in Vietnam for 
1 year between 10 April 1970 and 10 April 1971.  He notes that he was in Vietnam for “one solid year” and only recently discovered the errors.  He submits no evidence in support of his request.

3.  Records available to the Board indicate the applicant was inducted and entered active duty on 16 July 1969.  His separation date (ETS) was established as 15 July 1971.

4.  In December 1969, while the applicant was assigned to Fort Lee, Virginia, orders were issued reassigning him to Vietnam with TDY (temporary duty) enroute at Forest Park, Georgia for training.  His reporting date to Forest Park was 5 January 1970 and his availability date for travel to Vietnam was established as 10 April 1970.  According to item 38 (record of assignments) on his DA Form 20 (enlisted qualification record) the applicant departed Forest Park enroute to Vietnam on 9 April 1970 and arrived at his duty station in Vietnam on 25 May 1970.  Orders issued in April 1971 reassigning the applicant from Vietnam to the transition station at Fort Lewis, Washington indicated he departed the United States enroute to Vietnam on 11 May 1970.  His 11 May 1970 date is confirmed in item 31 (foreign service) on his DA Form 20.

5.  Based on the date he departed the United States, 11 May 1970, his normal DEROS (date eligible to return from overseas) would have been established as 10 May 1970; 12 months after his arrival.  This information is contained in item 31 of his DA Form 20.

6.  However, an installation clearance record (DA Form 137) indicates the applicant departed Vietnam on 11 April 1971.  His departure date is confirmed in item 20 on his DA Form 20. 

7.  The applicant was released from active duty on 14 April 1971 under a provision of Army Regulation 635-200 which permitted the separation of certain soldiers prior to their scheduled ETS date when they were returning from overseas.  Item 20c on his DD Form 214 indicates the applicant served 10 months and 4 days overseas while item 30 (remarks) indicates the applicant served in Vietnam from 11 May 1970 through 10 May 1971.

CONCLUSIONS:

1.  Contrary to the applicant’s contention that he served in Vietnam for 1 year between 10 April 1970 and 10 April 1971, there is sufficient evidence in available records for the Board to conclude that the applicant served in Vietnam from 
11 May 1970 until 11 April 1971; a period of 11 months and 1 day.  
2.  While it is apparent that the entry currently in item 30 on the applicant’s DD Form 214 was extracted from information contained in item 31 on his DA Form 20, it is unclear where the information in item 22c (10 months and 4 days) came from.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by showing in item 22c (foreign and/or sea service) on the applicant’s DD Form 214 that he served a total of 11 months and 1 day in Vietnam; and

	b.  by correcting the entry in item 30 (remarks) to show his Vietnam service as 11 May 1970 – 11 April 1971.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__MKP__  __KAK __  __RTD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson   
		        CHAIRPERSON

INDEX

CASE ID	AR2001057114	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011002	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.