BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100016224 


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 item 22c (Foreign and/or Sea Service) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Vietnam instead of the United States Army Pacific (USARPAC) Theater.

2.  The applicant states he was in Vietnam and not anywhere else in the Pacific like his records indicate.

3.  The applicant provides:

* Statements from individuals attesting to his service in Vietnam
* A photograph
* His DD Form 214
* 53rd Signal Battalion (Corps) Special Orders Number 49 showing his service was in Vietnam

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 Army for 3 years on 28 September 1965.  He completed training as a cook.  He arrived in Vietnam on 16 May 1966.

3.  On 27 April 1967, he departed Vietnam enroute to the U.S.  He was honorably released from active duty on 27 September 1968, at the expiration of his term of service and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

4.  Item 22c on the DD Form 214 he received shows he had 11 months and 11 days of Foreign and/or Sea Service and it shows the acronym “USARPAC.”  

5.  The statements the applicant submits are from two individual who attest that the applicant’s foreign service during the period shown on his DD Form 214 was in Vietnam.  The photograph submitted by the applicant reportedly shows a captain promoting a group of individuals including the applicant.

6.  Army Regulation 635-5 (Personnel Separation) governed the preparation of the DD Form 214.  The regulation in effect at the time provided that the 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 the service was performed would be entered in item 22c.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and the documentation he submitted has been considered.  However, his DD Form 214 was prepared to show the last overseas theater in which he served, which is in accordance with the regulation in effect at the time.

2.  The applicant did serve in Vietnam as he contends.  However, this country was located within the USARPAC Theater.  Accordingly, the acronym USARPAC was correctly entered into item 22c on his DD Form 214.

3.  The governing regulation for preparation of the DD Form 214 did not authorize an entry showing the specific country of overseas service.


4.  In view of the foregoing, the applicant’s request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20100016224



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100016224



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1