IN THE CASE OF:
BOARD DATE: 27 May 2009
DOCKET NUMBER: AR20090000930
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 (Report of Transfer or Discharge) to show a temporary duty assignment in Vietnam.
2. The applicant states, in effect, that he went back into the service for his country as a civilian and that he served in Vietnam from 25 August 1965 to
28 September 1966. He contends that he was under orders from the Department of the Army to provide advice, assistance, and instruction for the maintenance and operation of the T-53 gas turbine engine installed in the UH-1 helicopter. He indicates that he served with the 1st Cavalry Division in Vietnam from 21 September 1965 to 28 September 1966. He also states that he was furnished subsistence, uniform, and quarters while serving in Vietnam and that he received medical care. He goes on to state that he was issued a rifle, flak vest, and helmet and that he was trained on how to use them. He contends that he needs his DD Form 214 to reflect his service in Vietnam, that he recently applied for disability at the Department of Veterans Affairs (DVA) because of his exposure to Agent Orange and it was denied, and that the DVA said it was not related to his military service.
3. The applicant provides temporary duty orders, DVA documentation, two photographs of a Soldier, a DD Form 214, an Honorable Discharge Certificate, a letter, and award certificate from the Governor of Connecticut 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 enlisted in the Enlisted Reserve Corps on 14 January 1957 for a period of 6 years and he was ordered to active duty for a period of 2 years. On 13 January 1959, he was released from active duty and returned to the U.S. Army Reserve (USAR) to complete his remaining service obligation of 4 years.
3. On 28 February 1963, the applicant was honorably discharged from the USAR.
4. In support of his claim, the applicant provided Letter Order 8-24, dated
11 August 1965, which shows he was placed on temporary duty to Vietnam on or about 11 August 1965 for approximately 1 year. The purpose was to provide advice, assistance, and instruction for the maintenance and operation of the T-53 gas turbine engine installed in the UH-1 helicopter.
5. Army Regulation 635-5 (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 that the DD Form 214 is a synopsis of the Soldiers 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.
DISCUSSION AND CONCLUSIONS:
The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Since the evidence of record shows the applicant was placed on temporary duty as a civilian after his release from active duty on 13 January 1959, there is no basis for amending his DD Form 214 for the period ending 13 January 1959. In addition, since the applicant's service in Vietnam was not active Army service, he is not authorized a DD Form 214 for this period of service.
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) AR20090000930
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