IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160018100 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160018100 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160018100 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 30 (Remarks) 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) on 1 May 1969 instead of 20 June 1969. 2. The applicant states he transferred to the RVN on 1 May 1969, not 20 June 1969. 3. The applicant provides no additional evidence. 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 into the Army of the United States on 11 December 1968. 3. Special Orders Number 106 issued by Headquarters, The United States Army Medical Training Center, Fort Sam Houston, TX on 21 May 1969, instructed the applicant to report to the overseas replacement station in Oakland, CA for overseas transport not later than 1200 hours on 18 June 1969. 4. Special Orders Number 112 issued by Headquarters, The United States Army Medical Training Center, Fort Sam Houston, TX on 29 May 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) lists his foreign service in the RVN beginning on 20 June 1969. Item 38 (Record of Assignments) shows he departed the Continental United States (CONUS) on 29 May 1969. 6. The applicant was honorably released from active duty on 20 July 1970. The DD Form 214 he was issued shows he served in the RVN from 20 June 1969 to 20 July 1970. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant's contention his DD Form 214 should be corrected to list his date of service in the RVN as beginning on 1 May 1969 instead of 20 June 1969 has been carefully examined. 2. There is no evidence that an error occurred with regard to the documentation of his service dates in the RVN, as listed on his DD Form 214. Evidence clearly shows the applicant was assigned to a unit in the CONUS on 1 May 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018100 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018100 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2