BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100012301
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he served as a security policeman with the 80th General Support Group (GSG) in Vietnam.
2. The applicant states that he spent his entire time in Vietnam with the 80th GSG as a member of the Security and Reactionary Force; however, his DD Form 214 shows he served with the 560th General Supply Company as a stock control and accounting specialist.
3. The applicant provides five photographs of himself in Vietnam and a copy of his plaque designating him guard of the month of the 80th GSG Security Police in January 1969.
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. The applicant was inducted in the Army of the United States on 30 November 1966. He completed the training requirements and he was awarded military occupational specialty (MOS) 76A (Supply Clerk).
3. On 9 July 1968, he was transferred to Vietnam and his records show he was assigned to the 560th General Supply Company for duty as a warehouseman. On 15 August 1968, the applicant requested a dependent identification card application for his wife and he indicated that he was assigned to the 560th General Supply Company.
4. On 24 November 1968, orders were published by the 560th General Supply Company advancing him to the permanent pay grade of E-3.
5. On 26 December 1968, orders were published by the 560th General Supply Company advancing him to the temporary pay grade of E-4 in MOS 76P2O (Stock Control and Accounting Specialist). MOS 76P2O was designated as his primary MOS.
6. On 4 April 1969, orders were published by Headquarters, U.S. Army Support Command, DA Nang which reassigned the applicant from the 560th General Supply Company to the U.S. Army Returnee Detachment at Cam Ranh Bay for further assignment to the transfer station at Fort Lewis, Washington. His clearance papers were issued by the commander of the 560th General Supply Company and the commander issued conduct and efficiency ratings on the applicant.
7. He departed Vietnam on 6 April 1969 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on 8 April 1969 as an overseas returnee. He had served 1 year, 10 months, and 15 days of total active service.
8. The DD Form 214 that the applicant was issued at the time of his REFRAD shows he was assigned to the 560th General Supply Company in Vietnam and his MOS was 76P2O.
9. A review of his official records failed to show any evidence that he was assigned or attached to the 80th GSG or that his primary MOS was that of a security policeman. His official records contain orders awarding him the specialty of 76P2O and assignment orders to the 560th General Supply Company for the entire period of his assignment in Vietnam.
10. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that information used on the
DD Form 214 will be obtained from official records and source documents contained in the official records.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he served as a security policeman in Vietnam with the 80th GSG is not in doubt, there are no official documents contained in his records to show he was assigned to this unit or that he was awarded an MOS as a policeman or security guard.
2. The applicant's official records show he was assigned to the 560th General Supply Company the entire time that he was in Vietnam and all of his unit administrative processing, to include his promotions, was conducted by the 560th General Supply Company.
3. Therefore, in the absence of official documents to show otherwise, it must be presumed that his records are correct.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ __x_____ ____x__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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.
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