ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF:
BOARD DATE:  29 April 2019
DOCKET NUMBER: AR20160019248


APPLICANT REQUESTS: correction of item 22c (Foreign and/or Sea Service) and item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with a separation date of 28 September 1971.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   * DD Form 149 (Application for Correction of Military Record)
* page 3, DA Form 20 (Enlisted Qualification Record)
   * DD Form 214, dated 28 September 1971 FACTS:
1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file.

2. The applicant states, in effect, he does not know why his first tour in the Republic of Vietnam (RVN) from 21 April 1969 through 20 April 1970 does not appear in the remarks block and the entry for his foreign service is not correct on his DD Form 214.

3. On 2 October 1968, the applicant enter the Regular Army for a period of 3 years.

4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to United States Army Pacific (USARPAC) – Republic of Vietnam during the following periods:

* 21 April 1969 through 20 April 1970 (1 year)
* 27 January 1971 through 24 September 1971 (8 months, 28 days)

5. On 28 September 1971, the applicant was released from active duty. His DD Form 214 contains the following entries:

* Item 22c – USARPAC, 1 year, 5 months and 29 days
* 

* Item 30 (Remarks) – Republic of Vietnam, 27 January 1971 - 27 September 1971

6. The applicant's record is void of orders, which show his assignment to the Republic of Vietnam (USARPAC) during his period of service.

7. Army Regulation 635-5 (Separation Documents), dated 23 January 1967 and change number 11, dated 21 January 1970, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation and aforementioned change provided the following guidance for completing the
DD Form 214:

   a. Item 22c (Foreign and/or Sea Service) enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed.

   b. Change Number 11 stated, in item 30 (Remarks) "enter inclusive dates of service in Vietnam during the current period of service."

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined that there is sufficient evidence to grant relief. The Board agreed that there was evidence that an error had occurred. Evidence indicates that the applicant’s DD For 214 did not account for the applicant’s service in Vietnam.


BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

: X
: X
: X
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
:
:
:
DENY APPLICATION


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 amending his DD Form 214 ending on 28 September 1971 by adding to item 22c (Foreign and/or Sea Service) the entry "1 years, 7 months, 29 days" and adding to item 30 (Remarks) "Republic of Vietnam, 21 APR 69 – 20 APR 70."









604
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.


ADMINISTRATIVE NOTE(S):

Not Applicable


REFERENCES:

1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2. Army Regulation 635-5 (Separation Documents), dated 23 January 1967 and change number 11, dated 21 January 1970, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation and aforementioned change provided the following guidance for completing the
DD Form 214:

   a. Item 22c (Foreign and/or Sea Service) enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed.

   b. Change number 11 stated, in item 30 (Remarks), "enter inclusive dates of service in Vietnam during the current period of service."