IN THE CASE OF:
BOARD DATE: 7 July 2009
DOCKET NUMBER: AR20090002037
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 Separation from Active Duty) to state he was a "Vietnam Era Veteran."
2. The applicant states that his original discharge certificate stated he was a "Vietnam Era Veteran" and he would like his DD Form 214 to state the same.
3. The applicant provides no additional documentation 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 military records show he enlisted in the Army Delayed Entry Program on 24 April 1974. He enlisted in the Regular Army in pay grade E-1 on 23 September 1974 for 2 years. He completed basic and advanced training and was assigned military occupational specialty 36G, Manual Central Office Repairman.
3. The applicant was honorably released from active duty in pay grade E-4 on 15 September 1976 and transferred to the United States Army (USAR) Control Group (Annual Training). He was credited with 1 year, 11 months, and 23 days of net active service. He was also credited with 1 year, 2 months, and 29 days of foreign service.
4. Item 11 (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows he served with the 881st Maintenance Company, United States Army Europe (USAREUR). The "no" block is checked in item 19 (Indochina or Korea Service Since August 5, 1964) and item 27 (Remarks) of his DD Form 214 identified his foreign service location as USAREUR.
5. The applicant was honorably discharged from the USAR on 20 August 1979. He enlisted in the Maine Army National Guard on 14 September 1980 and was honorably separated on 13 September 1981.
6. Army Regulation 635-5 (Personnel Separations Separations Documents), in effect at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that the DD Form 214 was a summary of a Soldier's most recent period of continuous service. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The last assignment and major command would be entered in item 11. For Vietnam service an "X" would be placed in the "yes" block in item 19 and the specific dates of service would also be shown in item 19. There were no provisions for listing "Vietnam Era Veteran" on the DD Form 214.
7. A Vietnam War Era veteran is a phrase used to describe someone who served in the Armed Forces of participating countries during the Vietnam War. A Vietnam War Era veteran is a person: (a) who served on active duty for a period of more than 180 days, any part of which occurred between 5 August 1964 and 7 May 1975 and was discharged or released with other than a dishonorable discharge, (b) was discharged or released from active duty for a service connected disability if any part of such active duty was performed between 5 August 1964 and 7 May 1975, or (c) who served on active duty for more than 180 days and served in the Republic of Vietnam between 28 February 1961 and 7 May 1975.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention has been noted. The applicant's service for the period from 23 September 1974 through 15 September 1976 is acknowledged. This service was performed during the time frame which has been identified as the Vietnam War Era (5 August 1964 through 7 May 1975) and as such, the applicant may refer to himself as a Vietnam War Era veteran. However, there are no regulatory provisions for identifying those individuals who served on active duty during the Vietnam War Era with the term "Vietnam Era Veteran" on their DD Forms 214.
2. 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) AR20090002037
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090002037
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060013623C071029
The applicant requests, in effect, that Item 27 (Remarks) and Item 28 (Mailing Address After Separation) of his 30 April 1978 separation document (DD Form 214) be corrected. The applicant states, in effect, that Item 27 of his final DD Form 214 should contain an entry documenting his service in the Republic of Vietnam (RVN) and should include the Korean Defense Service Medal. The evidence of record shows that the applicant served in the RVN from 30 June 1967 through 28 July 1968, and that...
ARMY | BCMR | CY2014 | 20140019270
The DD Form 214 documenting this period of service does not contain a statement indicating he served during the Vietnam Era. The Board denied adding a specific entry on the DD Form 214 to indicate he is a Vietnam Era Veteran. The dates of service recorded on his DD Form 214 for the period ending 16 August 1976 should be sufficient to establish that he served during the Vietnam era as defined in U.S. Code.
ARMY | BCMR | CY2012 | 20120021446
It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge. His dates of service, 29 September 1972 to 30 April 1974, fall within the dates defined in Title 38, USC, section 101 as the "Vietnam era." His dates of service are his evidence of having served during this era.
ARMY | BCMR | CY2010 | 20100022206
c. The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. The evidence of record confirms he served an honorable period of active duty service between 18 March 1963 and 7 March 1966; therefore, he is entitled to award of the NDSM and to have this award added to his DD Form 214. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090014298
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his records be corrected to show he was a "Vietnam Era" veteran. Therefore, the applicant's award of the National Defense Service Medal reflects that he served during a portion of what is commonly referred to as the "Vietnam Era."
ARMY | BCMR | CY2009 | 20090003957
The applicant provides, in support of his application, his DA Form 20 (Enlisted Qualification Record), reviewed on 2 June 1970 and audited 30 October 1973; Headquarters, U.S. Army Support Element, Military Region 1 (Vietnam), General Orders Number 148, dated 4 July 1972; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 26 October 1969; and DD Form 214 (Report of Separation from Active Duty) with an effective date of 17 May 1974. The...
ARMY | BCMR | CY2009 | 20090009735
The applicant requests, in effect, reconsideration of the ABCMR denial to upgrade his undesirable discharge. Item 6 does not show he was awarded any other MOS's during his period of active service. There is no evidence of record that he was awarded any other MOS's.
ARMY | BCMR | CY2010 | 20100006953
The applicant provides a copy of the following: * DD Form 4 (Enlistment Record Armed Forces of the United States) * DA Form 20 (Enlisted Qualification Record) * DA Form 24 (Service Record) * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2010 | 20100021493
The applicant requests correction of his record to show he entered military service on 20 April 1975. A second DD Form 4 shows he enlisted in the Regular Army for a period of 3 years on 10 September 1975. Although he enlisted in the DEP on 22 April 1975 (which is indicated by the entry in item 18d of his DD Form 214), he did not enter active duty until 10 September 1975.
ARMY | BCMR | CY2012 | 20120005495
Application for correction of military records (with supporting documents provided, if any). The VA Rating Decision (cover page only) provided by the applicant states that his military records show he is a veteran of the Vietnam era with service from 8 May 1972 to 7 May 1974. A review of the applicant's military records shows he was trained for duty as an MP and subsequently served at Fort Bliss, Texas, where he was separated in 1974.