BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150013966 BOARD VOTE: ____X_____ __X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150013966 BOARD DETERMINATION/RECOMMENDATION: 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 to item 32 of his DD Form 214 the entry "Vietnam Service: 27 October 1964 to 10 October 1965." ______________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. BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150013966 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam (RVN). 2. The applicant states he served in the RVN. However, he did not realize that his RVN service was not recorded on his DD Form 214 until he was recently informed of it by the Department of Veterans Affairs. 3. The applicant provides a copy of his DD Form 214. 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 U.S. Army on 18 October 1962. He was awarded military occupational specialty 05C (Intermediate Speed/Teletype Radio Operator). 3. The applicant's DA Form 20 (Enlisted Qualification Record), item 29 (Foreign Service), shows: Vietnam from 27 October 1964 through 10 October 1965. 4. The applicant's DA Form 24 (Service Record), section 2 (Chronological Record of Military Service) shows, in pertinent part, Signal Company, 5th Special Forces Group (Airborne), from 30 October 1964 through 8 October 1965. 5. A DD Form 214 shows the applicant entered active duty on 18 October 1962, was honorably released from active duty on 11 October 1965, and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed 2 years, 11 months, and 24 days of total active duty service this period. It also shows in: * item 12 (Last Duty Assignment and Major Command): Signal Company, 5th Special Forces Group (Airborne), U.S. Army Vietnam (USARV) * item 24 (Statement of Service), block c (Foreign and/or Sea Service): U.S. Army Pacific (USARPAC) – 0 years, 11 months, 24 days * item 32 (Remarks), no entry pertaining to service in the RVN REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It established policy for preparing and distributing the DD Form 214. It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation. During the Vietnam era, a regulatory provision was introduced pertaining to the DD Form 214 that provided for entering in the remarks section the inclusive dates of service in Vietnam during the current period of service. DISCUSSION: The applicant's DD Form 214 shows he was credited with 11 months and 24 days of foreign service in USARPAC (RVN). He served with Signal Company, 5th Special Forces Group (Airborne), USARV. However, item 32 of his DD Form 214 does not show the inclusive dates of his service in Vietnam (i.e., from 27 October 1964 to 10 October 1965). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013966 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013966 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2