IN THE CASE OF: BOARD DATE: 4 June 2015 DOCKET NUMBER: AR20140018315 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his service in Vietnam. 2. The applicant states that he served in Vietnam from September 1964 to August 1965 with the 14th Aviation Battalion in Nha Trang, South Vietnam and never had any reason to question the correctness of his DD Form 214 until he encountered problems with the Department of Veterans Affairs (VA) in proving that he served in Vietnam. 3. The applicant provides a copy of his award of the Army Commendation Medal awarded for meritorious service in Vietnam from September 1964 to August 1965. 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 was inducted on 22 October 1963. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as a clerk typist at Fort Benning, Georgia before being transferred to Vietnam on 10 October 1964 for assignment to Headquarters and Headquarters Detachment, 14th Aviation Battalion. 3. He departed Vietnam on 19 August 1965 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 20 August 1965 to attend school. He had served 1 year, 9 months, and 29 days of active service. 4. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. The regulation, in effect at the time, provided that the major command (i.e., USARPAC, USAREUR, FEPA, AMEA, etc) for the last overseas assignment would be entered in item 22c. However, the regulation did provide that the Remarks block could be used to add additional pertinent information. DISCUSSION AND CONCLUSIONS: 1. Although the regulation in effect at the time did not provide provisions for adding specific dates of assignment to areas such as Vietnam, it did not preclude such entries. 2. The regulation allowed additional pertinent information to be placed in the remarks section when needed. Therefore, since there was no prohibition from making such entries for service in Vietnam and since the intent of the DD Form 214 is to provide pertinent information to employers and service organizations, the applicant’s request appears to have merit. 3. Accordingly, his DD Form 214 should be corrected to show in item 32 (Remarks) of his DD Form 214 the entry “Service in Vietnam 19641010 – 19650819.” BOARD VOTE: ____x___ ____x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 19641010 – 19650819” to block 32 of his DD Form 214. _______ _ _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) AR20140018315 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140018315 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1