IN THE CASE OF: BOARD DATE: 3 February 2011 DOCKET NUMBER: AR20100020310 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Vietnam. 2. The applicant states he was sent to Vietnam to help withdraw troops for 3 months. 3. The applicant did not provide any evidence. COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: Counsel states, in effect, the applicant's DD Form 214 should be corrected to show his service in Vietnam. 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 in the Regular Army on 22 June 1973 for a period of 4 years. He completed basic combat at Fort Ord, CA, in August 1973, and advanced individual training at Fort Knox, KY, in October 1973. He was awarded and he held military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist). 3. Subsequent to completing his MOS training, he was reassigned to the U.S. Army Europe, where he was assigned to the 1st Battalion, 48th Infantry, 3rd Armored Division, Germany, on or about 31 October 1973. 4. His record contains various documents including reassignment orders, multiple records of nonjudicial punishment, and a record of emergency data that shows he served at Coleman Barracks in Germany. 5. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) lists the applicant's foreign service in Germany from 24 October 1973 through 13 April 1975. Additionally, item 38 (Record of Assignments) shows he served with the 1st Battalion, 48th Infantry in Germany. 6. There are no permanent change of station (PCS) orders, temporary duty (TDY) orders, or any other official documents in his service record that shows he was ordered to or served in Vietnam. 7. He was honorably discharged from active duty on 13 May 1975. The DD Form 214 he was issued shows he completed 1 year, 10 months, and 22 days of total active service. This form also shows in: * item 18f (Foreign and/or Sea Service This Period) he completed 1 year, 5 months, and 20 days of foreign service * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) no Vietnam service-related awards * item 30 (Remarks) the country of his foreign service as Germany 8. 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 his or her military service. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 18f shows 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 service was performed, e.g., USAREUR [U.S. Army Europe], USARPAC, etc. DISCUSSION AND CONCLUSIONS: The evidence of record shows, subsequent to completing basic and advanced individual training, the applicant served in Germany as a permanent duty station. There is no evidence in his service records and he did not provide any substantiating evidence that he served in Vietnam. In the absence of PCS or TDY orders; other official documents such as TDY settlement vouchers or leave and earnings statements showing receipt of hazardous duty pay; or witness statements, regretfully, there is insufficient evidence to grant the applicant's requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________X______________ 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) AR20100020310 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100020310 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1