IN THE CASE OF:	

		BOARD DATE:	  09 March 2010

		DOCKET NUMBER:  AR20090017204 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam.

2.  The applicant states he was in Vietnam for a total of 4 months and 14 days while serving in the Army under Captain (CPT) S----, a free-roaming chaplain who was stationed at Fort Lewis, WA.  He was the chaplain's assistant and body guard.  His trips to Vietnam began on 1 February 1970 and each trip lasted approximately 2 weeks.  He and the chaplain went to Cam Ranh Bay by helicopter to visit the troops.  He also states that he tried to get his records corrected at the time but since he was not attached to a unit and did not have temporary duty orders/pay, nothing could be done.  He concludes that he has no evidence of his trips but CPT S---- could be called upon to testify for him if he can be located.

3.  The applicant provides, in support of his request, a copy of his DD Form 214 for the period ending 20 August 1971.

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's records show he enlisted in the Regular Army (RA) on
2 October 1969 for a period of 2 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71B (Clerk).

3.  The applicant's records also show that subsequent to his MOS training, the applicant was transferred to Fort Lewis, WA and was assigned to Headquarters and Headquarters Troop, 3rd Armored Cavalry Regiment, as a chaplain assistant and as a radio telephone operator.

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) contains a blank entry.  Item 38 (Record of Assignments) of this form does not show any assignments in Vietnam.

5.  The applicant's records do not contain orders assigning or attaching him to Vietnam and/or reassigning him from Vietnam, temporary duty orders, or any other official travel orders authorizing his travel to Vietnam.  His record is also void of any orders awarding him any awards related to service in Vietnam.

6.  He was honorably released from active duty on 20 August 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve obligation.  The DD Form 214 he was issued shows he completed 1 year, 10 months, and 19 days of creditable active service. This form shows the following entries:

	a.  Item 22c (Foreign and/or Sea Service) shows the entry "None."

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show any Vietnam-specific awards.

	c.  Item 30 (Remarks) shows the entry "VN Service: None" indicating he did not serve in Vietnam.

7.  Army Regulation 635-5 (Personnel Separations - 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 their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 22c of the version in effect at the time, showed 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 in which service was performed (e.g. Foreign and/or Seas Service - U.S. Army Europe (USAREUR) or U.S. Army Pacific Command (USARPAC)).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served in Vietnam.

2.  The evidence of record shows that subsequent to completion of his MOS training, the applicant was assigned to Fort Lewis, WA, where he remained until he was honorably released from active duty on 20 August 1971.  His record is void of any assignment or attachment orders, temporary duty orders, or any travel orders that show he served in Vietnam.

3.  Notwithstanding the applicant's sincerity, in the absence of documentary evidence that shows he served in Vietnam, there is insufficient evidence to grant him relief in this case.

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)                                         AR20090017204



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017204



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1