IN THE CASE OF:	  

		BOARD DATE: 19 November 2009

		DOCKET NUMBER:  AR20090011396 


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 reconsideration of his earlier request for correction of his DA Form 20 (Enlisted Qualification Record) to show he served in Vietnam.

2.  The applicant states that he has a copy of his orders that were given before he boarded the plane for Vietnam.

3.  The applicant provides a copy of an undated statement from his sister in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080019272 on 21 May 2009.

2.  The applicant submitted a copy of an undated statement from his sister which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States and entered active duty on 20 March 1969.  He completed basic combat training at Fort Leonard Wood, MO, on or about 23 May 1969.  He was subsequently reassigned to Fort Sam Houston, TX, where he completed advanced individual training on or about 1 August 1969 and was awarded military occupational specialty 91A (Medical Corpsman).

4.  On 18 July 1969, Headquarters, U.S. Army Medical Training Center, Fort Sam Houston, TX, published Special Order Number 151 directing the applicant's and several others Soldiers' reassignment to the U.S. Army Overseas Replacement Station, Oakland, CA, no later than 19 August 1969 for the purpose of subsequent reassignment to the Republic of Vietnam.

5.  There is no indication that the applicant reported to the U.S. Army Overseas Replacement Station, Oakland, CA.

6.  Item 38 (Record of Assignment) of the applicant's DA Form 20 shows the following entries:

20 Mar 69	No Duty	U.S. Army Reception Station, Fort Leonard Wood, MO
26 Mar 69	BCT	Co E, 5th Bn, 2nd BCT Bde, Fort Leonard Wood, MO
23 May 69	Casual	Enroute to Fort Sam Houston, TX
26 May 69	AIT	Co D, 2nd Bn, USATMC, Fort Sam Houston, TX
01 Aug 69	Casual	Enroute to Redstone Arsenal, AL
10 Sep 69	No Duty	AWOL
06 Oct 69	Medic	Med Det, U.S. Army Hospital, Redstone Arsenal, AL
24 Nov 69	REFRAD	Released from Active Duty

7.  The applicant's records further show on 27 October 1969 he submitted an application for a hardship discharge based on his mother's medical condition.  The discharge was approved on 17 November 1969 and the applicant was honorably discharged on 24 November 1969.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed 8 months and 5 days of creditable service with no foreign service.

8.  The applicant's record contains no orders showing he ever arrived in Vietnam or was assigned to any unit there.  His record does not show he was ever awarded the Vietnam Service Medal or any other awards common to the Vietnam War.

9.  The applicant submitted an undated statement from his sister in which she states that she knows that in October 1969 he was sent to Vietnam and stayed there for 3 or 4 days but had to return because his mother was undergoing surgery.  She adds that if it were not for the Red Cross, the applicant would have never been able to get back and help his mother.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It stated, in pertinent part, that item 22c (Foreign and/or Sea Service) would show 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 in which service was performed, e.g., USAREUR [U.S. Army Europe], USARPAC [U.S. Army Pacific], etc.  Furthermore, item 30 (Remarks) is used for Department of the Army mandatory requirements, when a separate block is not available, and as a continuation entry.

11.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies and procedures pertaining to career management, classification and reclassification, utilization, reenlistment, testing, evaluation, and promotions of enlisted personnel.  Chapter 9 of this regulation provided guidance for creating and updating the DA Form 20.  It stated, in pertinent part, that the DA Form 20, with Insert Sheets to DA Form 20 (DA Forms 20A and 20B) when applicable, is the basic document for maintaining current data necessary to manage enlisted personnel and document their military careers.  Upon release from active duty and transfer to the Army Reserve and when a member of the Army Reserve or Army National Guard called or ordered into active military service is returned to Reserve status or State control, the current DA Form 20 will be continued in use.  When it becomes necessary to delete a typed, inked, or stamped entry, a typewritten line or a single black or blue-black ink line will be made through the entry.  The old entry will not be obliterated.  Permanent entries no longer applicable to the individual will be lined out and temporary entries will be erased.  Item 38 reflects the record of assignments.  Entries will be made in chronological order and will reflect a record of all military service of the individual.  A new line entry is required upon enlistment or induction, upon assignment to duty at a new station, and in several other circumstances.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DA Form 20 should be corrected to show his service in Vietnam.

2.  The evidence of record shows that the applicant received permanent change of station orders directing him reassigned to the Overseas Replacement Detachment in Oakland, CA.  However, there is no evidence that he arrived in Oakland, proceeded to Vietnam, or returned from Vietnam.  In the absence of additional documentary evidence that conclusively shows the exact date of departure (day, month, and year) and exact date of return (day, month, year), there is insufficient evidence to grant the applicant the requested relief.

3.  The DA Form 20 was a local form used by commanders to make personnel management decisions.  This form was a snapshot of the member's personnel records during that member's military service.  Since the DA Form 20 is no longer active or accessible, there is no action that can be taken to correct the DA Form 20, even if there was sufficient evidence to support the applicant's contention.

4.  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 to amend the decision of the ABCMR set forth in Docket Number AR20080019272, dated 21 May 2009.



      _______ _   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)                                         AR20090011396



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ABCMR Record of Proceedings (cont)                                         AR20090011396



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