ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  15 August 2019

	DOCKET NUMBER:  AR20180016844


APPLICANT REQUESTS:  a DD Form 214 (Armed Forces of the United States Report 
of Transfer or Discharge) that shows he served in the Republic of Vietnam (RVN).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	National Archives (NA) Form 13038 (Certification of Military Service)

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 was inducted into the Army of the United States on 15 October 1965.

3.  He was honorably discharged for immediate enlistment on 26 April 1967.  The       
DD Form 214 he was issued shows he served 1 year, 6 months and 12 days total active 
service.  

4.  The applicant enlisted in the Regular Army (RA) on 27 April 1967.

5.  His records contain:

     a.  DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of 
Military Justice, dated 26 November 1968, that shows he was present at Cam Ranh 
Bay, RVN.

     b.  General Order Number 830 issued by Headquarters, 18th Engineer Brigade on 
14 September 1970, awarded him the Army Commendation Medal for his meritorious 
service in the RVN from December 1967 to September 1970.

6.  The applicant provides a copy of his NA Form 13038 issued on 22 May 2018, which  
shows he served in the RA from 27 April 1967 to 26 April 1973.

7.  Army Regulation 635-5 (Personnel Separations – Separation Documents), then in 
effect, states the DD Form 214 is a synopsis of the Soldier's most recent period of 
continuous active service.  It provides a brief, clear-cut record of active Army service at 
the time of release from active duty, retirement, or discharge.  

     a.  Item 30 (Remarks) of the DD Form 214, in effect at the time, was used to 
complete entries too long for their respective blocks and to enter Service in Indochina, 
Korea, and Vietnam.

     b.  The regulation stated, indicate Indochina and Korea service on or after 5 August 
1964 by entering inclusive dated for Vietnam and indicating "yes" or "no" for service in 
Indochina and Korea.  A sample entry for service in Vietnam is as follows:  to show 
service in Vietnam ONLY – "Vietnam – 25 Apr 70 through 28 May 71, Indochina-yes, 
Korea-no."

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, the NJP in 
his record and the orders for an ARCOM for his service in Vietnam, the absence of a 
DD Form 214 for his period of service ending 26 April 1973 and his DD Form 214 for his 
previous period of active duty that ended on 26 April 1967.  The Board found the 
evidence of his service in Vietnam is covered by ARCOM orders.  The Board further 
determined it may not be possible to construct a complete DD Form 214 for the period 
of service covered by the Certificate of Service.  The Board determined relief was 
warranted; to provide the applicant with appropriate documentation of his service in 
Vietnam.

2.  After reviewing the application and all supporting documents, the Board found the 
relief was / was not 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 issuing the applicant a 
DD Form 214 showing in tem 30 (Remarks) - "Vietnam – Dec 67 through Sep 70, 
Indochina-yes, Korea-no.".  If a DD Form 214 cannot be completed for his period of 
service ending 26 April 1973, the amend his NA Form 13038, Certificate of Service to 
add beneath his Date of Birth – Service in Vietnam – Dec 67 thought Sep 70.

 


	  
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 (Personnel Separations – Separation Documents), then in 
effect, states the DD Form 214 is a synopsis of the Soldier's most recent period of 
continuous active service.  It provides a brief, clear-cut record of active Army service at 
the time of release from active duty, retirement, or discharge.  

     a.  Item 30 (Remarks) of the DD Form 214, in effect at the time, was used to 
complete entries too long for their respective blocks and to enter Service in Indochina, 
Korea, and Vietnam.

     b.  The regulation stated, indicate Indochina and Korea service on or after 5 August 
1964 by entering inclusive dated for Vietnam and indicating "yes" or "no" for service in 
Indochina and Korea.  A sample entry for service in Vietnam is as follows:  to show 
service in Vietnam ONLY – "Vietnam – 25 Apr 70 through 28 May 71, Indochina-yes, 
Korea-no."

ABCMR Record of Proceedings (cont)	 AR20180016844

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