BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090011172
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 item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the time he served in Vietnam.
2. The applicant states that item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he had service in Vietnam.
3. The applicant provides copies of his DD Form 214 and DA Form 20.
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. On 30 October 1965, the applicant enlisted in the Regular Army in Little Rock, Arkansas, for 3 years in pay grade E-1. He successfully completed his training as a wheel vehicle repairman.
3. The applicant's DA Form 20 shows that he was assigned to Vietnam from 27 March 1966 through 18 March 1967. His DA Form 20 also shows that he was assigned to Germany from 29 April 1967 through 1 October 1968. He returned to the continental United States on 2 October 1968.
4. On 5 October 1968, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 5, as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.
5. Item 22c of the DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he had 2 years, 4 months, and 26 days of foreign and/or sea service and "Germany" is reflected as the overseas theater in which he served.
6. 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. The regulation in effect at the time stated, in pertinent part, that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater (e.g., USAREUR for U.S. Army Europe) in which the service was performed would be entered in item 22c.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 22c of his DD Form 214 should be corrected to show the time that he served in Vietnam.
2. His contentions have been noted. However, his DD Form 214 shows that he completed 2 years, 4 months, and 26 days of foreign and/or sea service which includes his service in Vietnam and his service in Germany.
3. While item 22c of his DD Form 214 should reflect USAREUR as the last overseas theater in which he served instead of Germany, his DD Form 214 properly does not reflect his last overseas theater as Vietnam. Since his DD Form 214 merely specifies his specific location in Europe, there is no basis for granting the relief requested.
4. In order to justify correction of a military record, the applicant must show 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.
5. 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) AR20090011172
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ABCMR Record of Proceedings (cont) AR20090011172
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