IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080001680
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), to show his dates of service in Vietnam.
2. The applicant states, in effect, that his DD Form 214 should show that he served in Vietnam.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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 record shows he enlisted in the Regular Army on 25 March 1968. He was trained as a Heavy Vehicle Driver, in military occupational specialty (MOS), 64B. He was promoted to pay grade E-4 on 22 March 1969. He served until he was honorably discharged on 25 December 1969 for immediate reenlistment.
3. The applicant reenlisted on 26 December 1969. He was trained as a Medical Records Specialist, in MOS, 71G. He served in Panama from 19 February 1970 to 16 August 1971. He was released from active duty on 17 December 1973.
4. Item 31 (Foreign Service), of his DA Form 20 (Enlisted Qualification Record), shows that the applicant served in USARSO (USAR Southern Command) Canal Zone (Panama) from 19 February 1970 to 16 August 1971, 18 months.
5. There is no evidence, and the applicant provided none, to show that he was assigned to and served in Vietnam.
6. Item 18f (Foreign and/or Sea Service This Period), of his DD Form 214 shows the entry "01 05 28" (1 year, 5 months, and 28 days).
7. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part, it states that item 30 (Remarks) is used for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for other blocks. Department of the Army issued guidance to report service in Vietnam, Indochina, and Korea in item 30 (Remarks) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence shows that the applicant served in Panama from 19 February 1970 to 16 August 1971, for approximately 18 months. Item 18f, of his DD Form 214, shows he completed 1 year, 5 months, and 28 days of foreign service.
There is no evidence in the available records, and the applicant has provided none, to show that he served in Vietnam while serving on active duty. Therefore, he is not entitled to correction of his records to show service in Vietnam. His records are complete as currently constituted.
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) AR20080001680
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ABCMR Record of Proceedings (cont) AR20080001680
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