ABCMR Record of Proceedings (cont) AR20040009149

RECORD OF PROCEEDINGS

IN THE CASE OF:

BOARD DATE: 2 August 2005

DOCKET NUMBER: AR20040009149

I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun / Director
Mr. Robert J. McGowan / Analyst

The following members, a quorum, were present:

Mr. William D. Powers / Chairperson
Mr. Robert L. Duecaster / Member
Ms. Jeanette R. McCants / Member

The Board considered the following evidence:

Exhibit A - Application for correction of military records.

Exhibit B - Military Personnel Records (including advisory opinion, if any).

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ABCMR Record of Proceedings (cont) AR20040009149

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 29March 1968 to 6January 1972 be corrected to show his blood type as O positive and that he served his first tour in Vietnam from 27 August 1968 to 26 August 1969.

2. The applicant states his DD Form 214 incorrectly shows that his blood type is A positive and that his first Vietnam tour was from 27 August 1968 to 26April 1969.

3. The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an alleged error or injustice which occurred on 6 January 1972. The application submitted in this case is dated 12October 2004.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant was inducted into the Army of the United States for 2 years on 26 July 1967. He was separated on 28 March 1968 for the purpose of enlistment in the Regular Army (RA). He enlisted in the RA for 4 years on 29 March 1968.

4. The applicant's records show that his blood type is O positive. An SF Form 601 (Immunization Record) shows that on 27 July 1967 he was blood typed as O positive. A DA Form 428 (Application for Identification Card) shows his blood type as O positive. His DD Form 214 with separation date 28 March 1968 shows his blood type as O positive.

5. The applicant's records show that his first assignment to Vietnam was with Headquarters and Headquarters Troop (HHT), 7th Squadron, 17th Cavalry Regiment. Special Orders Number 183, Headquarters, 7/17th Cavalry, dated

23July 1969, reassign the applicant from Vietnam to Fort Gordon, Georgia. The orders show that his EDCSA (Effective Date of Change of Strength Accountability, or the date a Soldier is dropped on the rolls of one unit and picked up by another) from HHT, 7'17th Cavalry as 10 August 1969. This is presumed to be the date he departed Vietnam.

6. The subject DD Form 214 shows the applicant's blood type as A positive and the dates of his first Vietnam assignment as "27 Aug 68 – 26 Apr 69." The records show otherwise.

DISCUSSION AND CONCLUSIONS:

1. The applicant's DD Form 214 for the period 29 March 1968 to 6 January 1972 contains two errors. The applicant's blood type in Item 30 (Remarks) should read "O Pos" and not "A Pos." Also his first tour of duty in Vietnam should read "27Aug 68 - 10 Aug 69."

2. There is no evidence that the applicant departed Vietnam on 26 August 1969.

BOARD VOTE:

__wdp___ __rld___ __jrm___ GRANT FULL RELIEF

______GRANT PARTIAL RELIEF

______GRANT FORMAL HEARING

______DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that his blood type is O positive and that the dates of his first assignment to Vietnam are "27 Aug 68 - 10 Aug 69."

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing his Vietnam tour ended on 26 August 1969.

William D. Powers

______

CHAIRPERSON

INDEX

CASE ID / AR20040009149
SUFFIX
RECON
DATE BOARDED / 20050802
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION / GRANT
REVIEW AUTHORITY
ISSUES 1. / 100.0000
2.
3.
4.
5.
6.

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