IN THE CASE OF:	  

		BOARD DATE:	    18 August 2011

		DOCKET NUMBER:  AR20110003282 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1982 to reflect his service in Vietnam in block 18 (Remarks).

2.  The applicant states he desires his DD Form 214 to reflect his service in Vietnam for the purpose of veterans' benefits.

3.  The applicant provides copies of his DD Forms 214, dated 30 August 1967 31 March 1982.

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 initially enlisted in the Regular Army on 15 June 1961.  He served in Vietnam from 2 February 1966 to 1 February 1967.  He was promoted to pay grade E-8 on 15 December 1979.

3.  On 31 March 1982, he was honorably retired and was placed on the Retired List effective 1 April 1982.  He completed 20 years, 6 months, and 19 days of total active service.  His DD Form 214 issued at the time of his retirement reflects no foreign service during the period covered by the DD Form 214.

4.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The regulation currently in effect states to enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example YYYYMMDD-YYYYMMDD)" in the remarks section for an active duty Soldier deployed with his or her unit during their continuous period of active service.
 
DISCUSSION AND CONCLUSIONS:

The applicant served in Vietnam from 2 February 1966 to 1 February 1967.  Accordingly, his DD Form 214 for the period ending 31 March 1982 should be corrected to reflect this entry in block 18.

BOARD VOTE:

__X_____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the entry "SERVICE IN VIETNAM FROM 19660202-19670201" to block 18 of his DD Form 214 for the period ending 31 March 1982.

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20110003282



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ABCMR Record of Proceedings (cont)                                         AR20110003282



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