ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20190009881 APPLICANT REQUESTS: Correction of the foreign service dates currently reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) x 2 * Self Authored Letter * DD Form 214 dated 28 Sept 1970 * DA Form 3349 (Medical Condition – Physical Profile Record) * DD Form 214 dated 4 March 1972 * DD Form 214 dated 4 March 1972 (Corrected Copy) * Department of the Army Letter * DA Form 20 (Enlisted Qualification Record) # 1 - 3 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 (ABCMR) 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 that his foreign service dates in Vietnam are inconsistent and incorrectly reflected on his DD Form 214, dated 4 March 1972. He contests these are typographical errors contained within section 18 (Remarks) as they should read 7 June 1968 through 6 June 1969 and 19 January 1970 through 28 August 1970. The dates currently reflected do not match the dates within his personnel records nor the dates on previously issued DD Form 214s. On 20 June 2019 the applicant submitted an additional DD Form 149 requesting that the dates be changed to reflect Vietnam service from 7 June 1968 through 6 June 1969 and 26 January 1970 through 30 August 1970. 3. In a self authored letter dated 30 May 2019, the applicant states that all of his DD Form 214s are correct with the exception of the one issued on 23 October 1980, created when his discharge was upgraded from General to Honorable. 4. The applicant provides the following a: o DD Form 214 dated 28 Sept 1970 – reflective of Vietnam service from 7 June 1968 through 6 June 1969 and 19 January through 28 August 1970 o DA Form 3349 dated 10 September 1970 – reflective of medical limitations associated with a mental disorder resulting in assignment limitations o DD Form 214 dated 4 March 1972 – reflective of Vietnam service from 26 August 1971 through 8 February 1972 o DD Form 214 dated 4 March 1972 (Corrected Copy) – reflective of Vietnam service from 25 October 1968 through 6 June 1969, 19 July through 28 August 1970 and 26 August 1971 through 8 February 1972 o Department of the Army Letter dated 23 October 1980 – reflective of his discharge being upgraded from General to Honorable o DA Form 20 #1 dated 3 June 1970 – reflective of service in Vietnam from 9 June 1968 through 8 June 1969 and 19 January 1970 through 29 August 1970 o DA Form 20 #2 dated 22 September 1970 – reflective of service in Vietnam from 7 June 1968 through 6 June 1969 and 19 January 1970 through 28 August 1970 o DA Form 20 #3 dated 26 Jul 1971 – reflective of service in Vietnam from 7 Jun 1968 through 6 June 1969, 19 January 1970 through 28 August 1970 and 26 August 1971 through an unreadable date 5. A review of the applicant’s service records reflects the following on: * 2 November 1967 – he was inducted into the Army * 28 September 1970 – he was released from active duty and transferred to the Army Reserve * 19 July 1971 – he was placed on active duty and later discharged on 4 March 1972 6. The applicant’s most recent DA Form 20 dated 26 July 1971 was audited on 1 September 1971 and reflects the applicant’s signature attesting to the accuracy of the information contained within. On this source document, the applicant received credit for service in Vietnam on the following dates: * 7 June 1968 through 6 June 1969 (12 months) * 19 January 1970 through 28 August 1970 (7 Months) * 26 August 1971 through 8 February 1972 (5 Months) 7. On 20 September 1974, the applicant’s DD Form 214 dated 4 March 1972 was corrected by the issuance of a DD Form 215 (Correction to DD Form 214) to reflect service in Vietnam from 25 October 1968 to 6 June 1969 and 19 July 1970 to 28 August 1970. 8. On 2 August 1987 the applicant provides a letter depicting his account of the chronological history of tour dates that he served in Vietnam as follows: * 7 June 1968 through 6 June 1969 * January 1970 through August 1970 * September 1971 through February 1972 9. On 8 May 1988, the applicant requested review of his military awards received for service in Vietnam during his second tour from 21 February 1970 through 30 August 1970. 10. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is warranted. The applicants DD Form 214 for the period ending 4 March 1972 should be corrected to show his service in Vietnam on the following dates: • 7 June 1968 through 6 June 1969 (12 months) • 19 January 1970 through 28 August 1970 (7 Months) • 26 August 1971 through 8 February 1972 (5 Months) 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 that the evidence presented was 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 showing on his DD Form 214 for the period ending 4 March 1972 the following dates for his service in Vietnam: • 7 June 1968 through 6 June 1969 (12 months) • 19 January 1970 through 28 August 1970 (7 Months) • 26 August 1971 through 8 February 1972 (5 Months) 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. 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 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) states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. Paragraph 2-39 (Item 22c. - Foreign or Sea Service) states that 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 will be reflected within. Paragraph 2-50 (Item 18 - Remarks) states that service in Vietnam will be reflected as “Location and inclusive dates.” If service in the Republic of Vietnam was not performed “no” will be entered. 3. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009881 5 1