IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080010466
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 his service in the Republic of Vietnam (RVN) be documented on his separation document (DD Form 214).
2. The applicant states, in effect, that he served in the RVN for 6 months from January through June 1972, and Item 30 (Remarks) of his DD Form 214 is void of an entry regarding this service.
3. The applicant provides no 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 applicants military record shows he was inducted into the Army of the United States and entered active duty on 11 May 1971. He was trained in awarded the military occupational specialty (MOS) 13B (Field Artillery Crewman). His Enlisted Qualification Record (DA Form 20) contains a single entry in Item 31 (Foreign Service) that shows he served in Korea from 19 December 1971 to 25 January 1973. It also shows that he was assigned to Headquarters and Headquarters Battery (HHB), 7th Battalion, 17th Field Artillery Regiment during his tour in Korea. His record is void of any documents or orders showing he was ever assigned to or served in the RVN.
3. On 29 January 1973, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 8 months, and 19 days of active military service. The DD Form 214 issued to him at that time shows, in Item 22c (Foreign Service), that he completed 1 year, 1 month, and 10 days of overseas service in the United States Army Pacific (USARPAC). Item 30 (Remarks) contains the entries INDOCHINA: NO and "KOREA: YES", and the applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are issued to individuals who are retired, discharged or released from active duty. The regulation also contains guidance on preparation of the
DD Form 214. The regulation in effect at the time of the applicants release from active duty provided for recording Indochina and Korea service in Item 30. It stated, in pertinent part, that Indochina and Korea service would be recorded by indicating yes or no, for example Korea-Yes. It further stated that RVN service would be recorded by using inclusive dates of service, for example
RVN: 1 August 1968 through 31 July 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he served in the RVN and this should be documented in Item 30 of his DD Form 214 has been carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence of record confirms that the applicant served overseas in Korea for 1 year, 1 month, and 10 days, as evidenced by an entry in Item 31 of his
DA Form 20. There is no evidence of record to show he ever served in in the RVN during this enlistment. Therefore, lacking independent evidence to the contrary, there appears to be no error or injustice associated with the foreign service entries contained in the applicant's record and on his separation document, or with the Indochina and Korea entries in Item 30 of his DD Form 214. Therefore, there is an insufficient evidentiary basis to support granting the requested relief in this case.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20080010466
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ABCMR Record of Proceedings (cont) AR20080010466
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