IN THE CASE OF:
BOARD DATE: 12 May 2009
DOCKET NUMBER: AR20080019333
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 he served in Vietnam.
2. The applicant states, in effect, that he served at Cam Ranh Bay, Vietnam and that he needs this information shown on his DD Form 214 to register for Department of Veterans Affairs (VA) health benefits.
3. The applicant provides a copy of his DD Form 214, documents he sent to the VA, and a document he sent to the National Personnel Records Center, St. Louis, Missouri in support of this 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 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's records show he was inducted into the Army of the United States on 15 July 1965. He completed basic combat and advanced individual training and was awarded the military occupational specialty of cook. Specialist four/E-4 was the highest rank that he achieved.
3. Item 31 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he served in the U.S. Army Pacific Command (USARPAC) Okinawa from 1 December 1965 through 28 June 1967.
4. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant served in Vietnam/the Philippines in a temporary duty (TDY) status sometime between 6 August 1966 and 2 February 1967.
5. The applicant's DD Form 214 shows that on 28 June 1967 he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) with a honorable characterization of service after completing 1 year, 11 months, and 14 days of creditable active service.
6. Block 22c (Foreign and or Sea Service) of the applicant's DD Form 214 shows he served in the USARPAC 1 year, 6 months, and 28 days.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
8. Army Regulation 635-5, in effect at the time prescribed in pertinent part that the last oversea theater in which service was performed would be entered in block 22c of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he served at Cam Ranh Bay, Vietnam. The applicants DA Form 20 shows he served in a TDY status in Vietnam/Philippines. However, it is not possible to determine from his records where, when, or how long he may have served in Vietnam.
2. Even if it could be established that the applicant served in Cam Ranh Bay, Vietnam, there are no provisions for entering this information on the applicant's DD Form 214. During the period the applicant served, the foreign service entry was limited to the theater as it is shown in Item 22c of the applicants DD Form 214.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20080019333
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ABCMR Record of Proceedings (cont) AR20080019333
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