ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                 

                   BOARD DATE:  22 January 2019

                   DOCKET NUMBER:  AR20170014476


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).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Passport
*	Department of Veterans Affairs (VA) Statement in Support of Claim
*	5 postmark envelopes
*	APO Numbers to Locations during the Vietnam War
*	VA Rating Documents

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.  Records show he served in Okinawa, Japan from 30 November 1961 to                   
20 November 1963.  His record is void of evidence showing he served in RVN.  

3.  The applicant provides a Rating Decision from VA showing he is receiving 60 
percent service-connected disability for coronary artery disease copy, a copy of his 
passport which contains a stamp for Saigon on 6 April 1963, copies of postmarked 
envelopes stamped with APO 137 and 143 (these APOs correspond to locations in 
RVN), and a list of APO numbers to locations during the Vietnam War.  

4.  Neither the applicant nor his records provide orders or other evidence that shows he 
was assigned to the Republic of Vietnam.



BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence 
in the service record, and applicable regulations, policy, and guidance.  The applicant’s 
statement, passport with a stamp for Saigon on 6 April 1963, envelopes stamped with 
APO 137 (Da Nang AB, RVN): postmarked 15 and 25 April 1963, and envelopes 
stamped with APO 143 (Saigon / Tan Son Nhut AB, RVN): postmarked 9 and 20 April 
1963 demonstrate his presence in the Republic of Vietnam in 1963.  Therefore the 
Board finds the applicant’s request is warranted.

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 changing his DD Form 
214 to reflect Vietnam service from 06 April 1963 to 01 May 1963.

SIGNATURE:

				  
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 NOTES:  

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) establishes the standardized policy 
for preparing and distributing the DD Form 214. The purpose of the separation 
document is to provide the individual with documentary evidence of their military 
service.  It is important that information entered on the form should be complete and 
accurate. The DD Form 214 is a summary of a Soldier's most recent period of 
continuous active duty to include attendance at basic and advanced training and will be 
prepared for all personnel at the time of their retirement, discharge, or release from 
active duty. Chapter 2 contains guidance on the preparation of the DD Form 214.  It 
states, in pertinent part, that the "Remarks" block of the Soldier's DD Form 214 is used 
for mandatory requirements when a separate block is not available. For an active duty 
Soldier deployed with his/her unit during their continuous period of active service, enter 
the statement "Service in (Name of County Deployed) from (inclusive dates for example, 
YYMMDD-YYMMDD)."

ABCMR Record of Proceedings (cont)	 AR20170014476

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