IN THE CASE OF:
BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100012891
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 dates of service in the Army and that he was a Vietnam Era veteran.
2. The applicant states he served in the Army at Fort Benning and Fort Lewis in 1967. He states he is a service-connected veteran due an accident he suffered to his ears while in Advanced Individual Training in 1967. He further states he served in the U.S. Army Reserve (USAR) in 1986. He states he would like his records to reflect that he is a Vietnam Era veteran.
3. The applicant provides his DD Form 214.
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's military records show he enlisted in the Army National Guard (ARNG) on 17 October 1965 for a period of 6 years. He completed initial entry training and was awarded the military occupational specialty of light weapons infantryman. The highest grade he held was pay grade E-4.
3. His DD Form 214 shows he entered active duty for training on 3 March 1967 and was released from active duty for training on 3 July 1967 and returned to his ARNG unit. He completed 4 months and 1 day of active duty for training during the period covered by this DD Form 214.
4. His records show he was discharged from the ARNG on 16 October 1971. He again enlisted in the ARNG on 30 November 1983 for 3 years. He was discharged from the ARNG and transferred to the Individual Ready Reserve (IRR) effective 22 April 1985.
5. A DD Form 4 (Enlistment or Reenlistment Agreement) contained in his records shows that on 28 November 1986 he executed an immediate reenlistment for 6 years with subsequent reassignment to the USAR Control Group (Reinforcement). He was honorably discharged from the USAR Control Group (Reinforcement) effective 3 November 1992. This form shows his total active military service was 4 months and 1 day as of the date of reenlistment.
6. Army Regulation 635-5 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. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge. This regulation does not provide for an entry showing veteran status.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 properly shows the time he served on active duty for training. Service performed after the applicant was released from active duty is properly not reflected on this DD Form 214.
2. Regulatory policy does not provide for an entry on the DD Form 214 or elsewhere in a Soldier's records for that matter to show eligibility for veteran status. As such, there is no basis for correcting his records to show he was a Vietnam Era veteran.
3. It is suggested he contact the Department of Veterans Affairs (VA) to determine his veteran status.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100012891
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ABCMR Record of Proceedings (cont) AR20100012891
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