BOARD DATE: 29 June 2010
DOCKET NUMBER: AR20090021930
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 foreign service in Vietnam.
2. The applicant states he was stationed in Vietnam, but his DD Form 214 does not show his foreign service.
3. The applicant provides copies of the following documents:
* his DD Form 214 effective 12 January 1970
* a newspaper article with a photograph
* his various medical records
* his immunization records
* two letters of commendation
* a certificate of achievement
* his Honorable Discharge Certificate
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 was inducted into the Army of the United States on 6 January 1967 and he was honorably discharged on 12 January 1967 for the purpose of immediate enlistment in the Regular Army. He subsequently enlisted in the Regular Army on 13 January 1967. He was trained in and held military occupational specialty 11E (Armor Crewman).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) does not list any foreign service. Additionally, item 38 (Record of Assignments) shows he served as follows:
* Fort Riley, KS, from on or about 10 June 1967 to on or about 8 May 1968
* Fort Clayton, Panama Canal Zone, from on or about 9 May 1968 to on or about 24 July 1968
* Fort Riley, KS, from on or about 25 July 1968 to on or about 14 June 1969
* Fort Bragg, NC, from on or about 15 June 1969 to on or about 9 January 1970
4. There are no permanent change of station (PCS) orders, temporary duty (TDY) orders, or any other official documents in his service records that show he was ordered to or served in Vietnam.
5. He was honorably released from active duty on 12 January 1970 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation. His DD Form 214 shows the following entries:
* item 22c (Foreign Service) does not show any foreign service
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show any Vietnam service-related awards
* item 30 (Remarks) does not list service in Korea, Indochina, or Vietnam
6. He submitted copies of the following documents:
* a newspaper article showing what appears to be his photograph with an indication that he had been assigned to a tank training command at Cu Chi, Vietnam, in January
* his chronological record of medical care, dated on various dates, one of which listing him as seeking treatment at a dispensary at the 3rd Squadron, 4th Cavalry, 25th Infantry Division
* his immunization records
* a letter of commendation, dated 29 December 1969, while assigned to Fort Bragg, NC, thanking him for a job well done
* a second letter of commendation, dated 22 December 1969, for his contribution to the Sheridan Weapon System Training program at Rock Island, IL
* a certificate of achievement, dated 27 June 1968, for his contributions to the U.S. Army Tropic Test Center
7. 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. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 24c shows the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., USAREUR [U.S. Army Europe], USARPAC, etc. Furthermore, item 30 is used for Department of the Army mandatory requirements when a separate block is not available and as a continuation entry.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows he served at Fort Riley, KS; Fort Clayton, Panama Canal Zone; and Fort Bragg, NC, during his military service. There is no indication in his service records that he served in Vietnam. In the absence of PCS or TDY orders, or any other official documents such as TDY settlement vouchers, leave and earnings statements showing receipt of hazardous duty pay, or witness statements, 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) AR20090021930
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