IN THE CASE OF:
BOARD DATE: 23 February 2010
DOCKET NUMBER: AR20090014298
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 that his records be corrected to show he was a "Vietnam Era" veteran.
2. The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not state he was a "Vietnam Era" veteran.
3. The applicant provides a copy of his DD Form 214 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. With parental consent, the applicant enlisted in the Regular Army (RA) on
12 July 1971, he completed training, and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) provides the following:
a. advancement to the rank/grade of private first class (E-3)/E-3 on
19 November 1971 with a reduction to private (PV2)/E-2 on 15 June 1971;
b. award of the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar; and
c. overseas service in Germany for 5 months and 8 days.
4. On 21 July 1972, the applicant was discharged under the provisions of Army Regulation 635-212 (Personnel Separations-Discharge-Unfitness and Unsuitability) for unsuitability with a general, under honorable conditions discharge.
5. The applicant's DD Form 214 shows he served 1 year and 10 days of creditable active service with 5 months and 8 days of foreign service (Germany). It also shows he was awarded the National Defense Service Medal.
6. The term "era" refers to a historical period that has meaning only after the fact and varies depending on how and when it is used. As an example for the purpose of Department of Veterans Affairs (VA) benefits, Title 38, U. S. Code defines the "Vietnam Era" as a period of war from 28 February 1961 through 7 May 1975, in the case of a veteran who served in the Republic of Vietnam, and from 5 August 1964 through 7 May 1975, in all other cases.
7. Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Current practice and that of the recent past has provided that a period of hostile fire/
imminent danger pay be shown in the "Remarks" block of the DD Form 214. These entries are location specific. There is no provision to show service within an "era."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 does not state he was a "Vietnam Era" veteran.
2. The National Defense Service Medal is awarded for service during specific periods, in the applicant's case between 1 January 1961 through 14 August 1974. 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."
3. However, there is no provision for including the fact that a Soldier served during a particular "era" on the DD Form 214.
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.
5. Based on the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20090014298
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ABCMR Record of Proceedings (cont) AR20090014298
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