IN THE CASE OF: BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150014504 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 IN THE CASE OF: BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150014504 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 correcting the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * block 22c (Foreign Service), 6 months and 26 days * block 30 (Remarks), Vietnam service from 19 October 1970 through 14 May 1971. ___________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. IN THE CASE OF: BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150014504 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 his period of service in Vietnam be included on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he served in Vietnam October 1970 through May/June 1971 with the 12th Signal Group in Da Nang. The entry of this information will assist him in getting Department of Veterans Affairs benefits. 3. The applicant provides no supporting documentation. 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 served on active duty from 23 April 1970 through 8 December 1971 in military occupational specialty 36C (Lineman). 3. Headquarters, 37th Signal Detachment [Vietnam], Letter Orders Number 5-61, dated 14 May 1971, granted the applicant 30 days of emergency leave. 4. Granite City Army Depot Special Orders Number 109, dated 21 June 1971, assigned the applicant to that station effective 21 June 1971. 5. His DA Form 20 (Enlisted Qualification Record) shows in: * block 31 (Foreign Service), service in Vietnam from 19 October 1970 through 18 October 1971 * block 38 (Record of Assignments), assignment to USA Strategic Command Signal Support Detachment from 26 October 1970 through 23 March 1971 and 14th Signal Company, 37th Signal Battalion, from 24 March 1971 through 7 December 1971 * block 41 (Awards and Decorations): * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Rifle and Grenade Bars 6. The applicant's DD Form 214 shows: * active duty service from 23 April 1970 through 8 December 1971 * block 22c (Foreign and/or Sea Service) is blank * his authorized awards and decorations as: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Block 30 (Remarks), the entry "Vietnam Service:" with no dates REFERENCES: Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Block 30 (as then in effect) is to be used for mandatory entries when a separate block is not available for an entry. At the time of the applicant's separation, periods of service in Vietnam were to be recorded in block 30. DISCUSSION: 1. The applicant's DD Form 214 omits the applicant's period of foreign service and the specific dates of his service in Vietnam. 2. The applicant's records clearly show he arrived in Vietnam on 19 October 1970 and was assignment to the Signal Support Detachment on 26 October 1970. The available record contains conflicting dates as to the terminal date of the applicant's service in Vietnam. 3. He received orders granting him emergency leave commencing on 14 May 1971. Following his period of emergency leave he was transferred to the Granite City Illinois Army Depot effective 21 June 1971. These orders are the most reliable date to determine his terminal date of service in Vietnam as 14 May. 1971. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014504 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014504 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2