Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090015939
Original file (20090015939.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090015939 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his foreign service in the Republic of Vietnam.

2.  The applicant states that he was in the Republic of Vietnam for 6 months and then sent to Germany for the rest of his duty.  He states he is in the process of filing a service-connected claim with the Department of Veterans Affairs that requires a correction to his DD Form 214.

3.  The applicant provides a letter from The American Legion Department of Michigan Veterans Affairs and Rehabilitation Office, dated 3 September 2009.

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.  The applicant was inducted into the Army of the United States on 24 March 1966.  He completed basic and advanced individual training meeting the qualification standards for military occupational specialty 36K (Field Wireman).  The highest rank he held was specialist (temporary)/pay grade E-4.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in U.S. Army Europe (USAREUR), Germany, from 23 August 1966 to 3 March 1968.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 3rd Infantry Division, USAREUR, on 25 August 1966.  His principal duty title was wireman.  He served as a team chief and personnel carrier driver during his tour of duty with his unit.  The last entry is dated 23 August 1967 when he was assigned the principal duty of personnel carrier driver.

5.  The applicant's official military personnel file contains a DA Form 137 (Installation Clearance Record), dated 1 March 1968, confirming the applicant was assigned to HHC, 1st Brigade, 3rd Infantry Division, at Ledward Barracks in Schweinfurt, Germany.

6.  The applicant was honorably released from active duty on 4 March 1968 and transferred to the U.S. Army Reserve to complete his remaining Reserve service obligation.  He was issued a DD Form 214 confirming he served on active duty for 1 year, 11 months, and 11 days with foreign service credit of 1 year, 6 months, and 9 days in USAREUR.

7.  Army Regulation 635-5 (Personnel Separations - 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.  An earlier version of Army Regulation 635-5 provided that item 30 of the DD Form 214 would show the Soldier's inclusive dates of service in Vietnam during the current period of service.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant's available records to confirm he served in the Republic of Vietnam.  However, there is convincing evidence to show that the applicant was stationed at Ledward Barracks in Schweinfurt, Germany.

2.  In view of the foregoing, there is insufficient basis to correct the applicant's record to show he served in the Republic of Vietnam for 6 months.
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)                                         AR20090015939



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015939



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110011463

    Original file (20110011463.txt) Auto-classification: Approved

    His DD Form 214 for this period shows in: * item 24 – Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Bronze Star Medal * item 30 – 20 months – 12 September 1969-1 May 1972 – USAREUR – Germany 5. Therefore, he served a qualifying period of service for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2011 | 20110004549

    Original file (20110004549.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he served 28 months overseas and was a member of the 1st Battalion (Airborne) 509th Infantry Battalion Combat Team. Evidence of record further shows his last unit assignment was HHC, 1st Battalion, 509th Infantry Regiment (ABCT) USAREUR which is correctly annotated on his DD Form 214, as he requests.

  • ARMY | BCMR | CY2014 | 20140018532

    Original file (20140018532.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct last duty assignment. Its purpose is to provide a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. There is no evidence in his records that suggests he was ever assigned to HHC, 1st Battalion, 39th Infantry Regiment, as indicated on his DD Form 214; therefore, it would be appropriate to amend item 7...

  • ARMY | BCMR | CY2010 | 20100014988

    Original file (20100014988.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. Based on item 41 of his DA Form 20, he was awarded the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the National Defense Service Medal which are not shown on his DD Form 214. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2010 | 20100025072

    Original file (20100025072.txt) Auto-classification: Denied

    The applicant requests correction of his 31 July 1997 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of entry on active duty and total active service, all of his awards and military education, and entitlement to educational benefits. The applicant contends that his 31 July 1997 DD Form 214 should be corrected to show he entered active duty on 31 July 1975 [sic], he completed more than 22 years of total active service, all of his awards and...

  • ARMY | BCMR | CY2014 | 20140016650

    Original file (20140016650.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 June 1966: a. to show he served in Germany for 2 years, in Korea for 1 year, and in Vietnam for 1 year; and b. to add any awards to which he is entitled. However, his records do not contain any evidence documenting additional periods of active duty service after he was discharged from active duty on 11 June 1966. The evidence of...

  • ARMY | BCMR | CY2007 | 20070018905

    Original file (20070018905.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal. However, the evidence of record shows that this item does not accurately document his total active duty service outside the continental limits of the United States for the period covered by the DD Form 214. Therefore, the applicant is entitled to correction of his DD Form 214 to show he completed 3 years, 11 months, and 12 days foreign service during this period.

  • ARMY | BCMR | CY2009 | 20090002730

    Original file (20090002730.txt) Auto-classification: Denied

    There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge. There is no evidence of record that shows the applicant was awarded an infantry MOS and that he served in an infantryman position. However, the three criteria for award of the Combat Infantryman Badge is to be assigned to an infantry unit, perform infantry duties, and hold an infantry specialty.

  • ARMY | BCMR | CY2009 | 20090014949

    Original file (20090014949.txt) Auto-classification: Approved

    The applicant requests amendment of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam Campaign Medal with Device (1960) and his service in Indochina. Records show the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 for the period ending 12 September 1969 the...

  • ARMY | BCMR | CY2011 | 20110011988

    Original file (20110011988.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in the Republic of Vietnam (RVN) and that he was awarded the Vietnam Service Medal. It also shows in: a. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): Army Good Conduct Medal (2nd Award), Combat Infantryman Badge, National Defense Service Medal, and Bronze Star Medal; b. item 22 (Statement of...