IN THE CASE OF: BOARD DATE: 30 October 2008 DOCKET NUMBER: AR20080014205 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that item 28a (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed/School or Course) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show he attended the United States Army Signal Center and School at Fort Monmouth, New Jersey instead of the Army Southeastern Signal School at Fort Gordon, Georgia. He also requests, in effect, that his DD Form 214 be corrected to show his dates of service in Vietnam. 2. The applicant states that he went to the Signal School at Fort Monmouth, New Jersey. He also contends that all personnel assigned to the 207th Signal Company traveling to Thailand had to stop in Vietnam and that his record does not reflect this, which makes him ineligible for benefits. 3. The applicant provides no additional evidence in support of his application. CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted on 28 August 1963 for a period of 3 years. He served as a microwave radio repairman in Thailand from 10 May 1965 to 9 May 1966 (one year) and was released from active duty on 16 December 1966. 3. Item 24c (Foreign and/or Sea Service) on the applicant's DD Form 214 shows the entry, "USARPAC" [U.S. Army Pacific] 1 0 0." Item 28a on his DD Form 214 shows the entry, "Army Southeastern Signal School Fort Gordon Georgia." 4. Item 27 (Military Education) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he completed the 28-week Micro Wave Radio Repairman course in 1965. Item 31 on this form shows he served in Thailand from 10 May 1965 through 9 May 1966. Item 38 (Record of Assignments) on this form shows the applicant attended the Micro Wave Radio Repairman (Service School) at the United States Army Signal Center and School at Fort Monmouth, New Jersey from 26 June 1964 to 12 May 1965. Orders show he was awarded military occupational specialty (MOS) 281.10 effective 19 February 1965, indicating he completed the course on that date. 5. There is no evidence of record which shows the applicant attended the Army Southeastern Signal School at Fort Gordon, Georgia. 6. There is no evidence of record which shows the applicant served in Vietnam. 7. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation, in effect at the time, provided 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 the service was performed would be entered in item 24c. There is no provision to show service in Vietnam on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows the applicant completed the 28-week Micro Wave Radio Repairman course at the United States Army Signal Center and School at Fort Monmouth, New Jersey in 1965. Therefore, item 28a on his DD Form 214 should be corrected. 2. Since there is no provision to show service in Vietnam on the DD Form 214, and there is no evidence of record which shows the applicant served in Vietnam, there is no basis for granting the applicant's request to show he served in Vietnam. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____XX____ ___XX____ ___XX_____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry, "Army Southeastern Signal School Fort Gordon Georgia" in item 28a on his DD Form 214; and b. adding the entry, "United States Army Signal Center and School, Fort Monmouth, New Jersey in item 28a on his DD Form 214. 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 amending his DD Form 214 to show service in Vietnam. _______ XXXX_ _______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20080014205 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080014205 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1