IN THE CASE OF:
BOARD DATE: 19 June 2008
DOCKET NUMBER: AR20080001030
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 records to show his service in the Republic of Vietnam.
2. The applicant states that he completed nine months of training, from 23 November 1966 to an unknown date in August 1967, in the Republic of Vietnam.
3. The applicant did not provide any additional documentary 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 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 that he enlisted in the Regular Army for a period of 3 years on 28 June 1963. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 723.10 (Communication Center Specialist). He was honorably discharged on 14 October 1964 for the purpose of immediate reenlistment and reenlisted for a period of 3 years on 15 October 1964. He was honorably separated on
13 October 1967.
3. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant's assignments as follows:
a. from 6 June 1964 to 21 October 1964, Headquarters Battery, 72nd Artillery Group, U.S. Army Europe (USAEUR);
b. from 22 October 1964 to 3 August 1965, Company A, 95th Quartermaster Battalion (Direct Support), (USAREUR);
c. from 4 August 1965 to 24 January 1966, 25th General Support Company (General Service), (USAREUR);
d. from 25 January 1966 to 3 July 1967, Headquarters and Headquarters Company, 95th Support and Service Battalion (General Service), USAREUR; and
e. from 9 June 1967 to 29 September 1967, 8th Battalion, 15th Artillery, 13th Artillery Group (Air Defense), Homestead Air Force Base, Florida.
4. Item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214, dated 14 October 1964, shows he completed 4 months of foreign service in USAREUR.
5. Item 20 (Place of Entry Into Current Active Service) of the applicant's DD Form 214, dated 13 October 1967, shows the entry "Wertheim, Germany," indicating that he reenlisted while in Germany.
6. Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214, dated 13 October 1967, shows the applicant completed 2 years, 11 months, and 10 days of foreign service. Item 22c does not show service in the Republic of Vietnam.
7. The applicant's record is void of orders assigning him to the Republic of Vietnam and/or reassigning him from the Republic of Vietnam.
8. The applicant's awards and decorations do not include any Vietnam specific awards.
9. 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 their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. It is prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 22c of the version in effect at the time, showed 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 (e.g. Foreign and/or Seas Service USAREUR or USARV).
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant completed a period of foreign service in Europe and that this foreign service is shown on his DD Form 214. There is no evidence in the available record and the applicant did not provide any substantiating evidence that shows he served in the Republic of Vietnam. Therefore, there is insufficient evidence to grant the applicant relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
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.
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