RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 December 2007
DOCKET NUMBER: AR20070010310
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.
Ms. Catherine C. Mitrano
Director
Ms. Rene R. Parker
Analyst
The following members, a quorum, were present:
Mr. Jeffrey Redmann
Chairperson
Mr. John Heck
Member
Mr. Qawly Sabree
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).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his foreign service duty in Vietnam.
2. The applicant states he served in Vietnam and his records should verify this fact.
3. The applicant provides a copy of his DD Form 214, DA Form 24 (Service Record) and a supporting statement.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show he enlisted in the Regular Army and entered active duty on 16 January 1961. He completed Basic Combat Training (BCT) at Fort Riley, Kansas and Advanced Individual Training (AIT) at Fort Benning, Georgia. On 22 June 1961 he was awarded military occupational specialty (MOS) 111.00 (Light Weapons Infantryman) and was reassigned to Fort Campbell, Kentucky.
3. The applicants DA Form 24, Section 5, Service Outside Continental United States shows that he departed Moffet, California on 2 February 1962 and arrived at Clark Air Base, Philippines on 8 February 1962 for duty in the Philippines. It also shows that he departed Clark Air Base, Philippines on 17 February 1962 and arrived at Travis Air Base, United States, on 18 February 1962.
4. The applicant provided a supporting statement by a retired major that said the applicant served in South East Asia Area during Operation Great Shelf.
5. Documents in the applicant's records, such as the award of the parachutist badge, weapon qualification score, award of MOS, promotion orders, and separation orders all verify that from 22 June 1961 until his separation on
15 January 1964, the applicant was assigned to Fort Campbell, Kentucky.
6. The applicant's DD Form 214 shows that he had 3 years of active federal service at the time of his discharge on 15 January 1964. His last duty assignment was listed as Company A, 506th Infantry, Fort Campbell, Kentucky. His records also show that he was separated from Fort Campbell, Kentucky.
7. The applicant's DD Form 214 does not list any periods of foreign service in item 24c or in item 32 Remarks. Additionally, there are no foreign awards, such as the Vietnam Service Medal, in item 26 Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized indicating that the applicant served in the Republic of Vietnam.
8. Army Regulation 635-5 (Personnel Separations) in effect at the time, established standardized procedures for preparation and distribution of the DD Form 214. The regulation states, in pertinent part, to enter the total active duty outside continental limits of the United States for the period covered by the DD Form 214. Additionally, list the inclusive dates of service in Vietnam in item 32 Remarks.
DISCUSSION AND CONCLUSIONS:
1. Neither the applicant nor the retired major provided a statement as to the month or the year the applicant served in Vietnam. The applicants DA Form 24 shows that he departed the US for the Philippines on 2 February 1962 and returned on 17 February 1962. The fact that the applicants DA Form 24 shows he performed duty in the Philippines for two weeks is not sufficient evidence to correct his DD Form 214 to show foreign service duty in Vietnam. There is no evidence and the applicant has not provided any, to show he served in Vietnam. The documents contained in the applicants records suggest that he spent his entire enlistment, with the exception of BCT, AIT, and the two weeks in the Phillippines, at Fort Campbell, Kentucky.
2. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JR___ ___JH___ __QS___ 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.
____ Jeffrey Redmann_______
CHAIRPERSON
INDEX
CASE ID
AR20070010310
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20071213
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
120.00
2.
3.
4.
5.
6.
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