BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100014287
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect foreign service credit for Vietnam.
2. The applicant states his military records do not reflect his orders for Vietnam. He received orders to report to Oakland Army Base for further assignment to Vietnam on 29 December 1968. On 13 February 1969, he was reassigned to the 501st Military Police Company, Fort Hood, TX due to having less than six months of remaining service time. He contends he did not discover the error until he tried to gain access to the Department of Veterans Affairs (VA) medical care system.
3. The applicant provides the following in support of his request:
* A copy of Special Orders Number 355, U.S. Army Training Center and Fort Lewis, dated 23 December 1968
* A copy of Assignment Memorandum Number 36, III Corps and Fort Hood, dated 13 February 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. His military record shows he enlisted in the Regular Army for a period of
3 years and entered active duty on 2 August 1966. After the completion of basic combat and advanced individual training, he was awarded military occupational specialty 63C (General Vehicle Repairman).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in U.S. Army Europe (Germany) during the period 6 February 1967 through 17 July 1968. This item is void of any entry showing service in Vietnam. Item 38 (Record of Assignments) does not indicate he served in the Republic of Vietnam.
4. The applicant has provided copies of special orders which show he was pending reassignment to Vietnam with a report date of 29 December 1969. A review of his records failed to reveal any evidence which shows he actually departed for and served in Vietnam.
5. The applicants records contain a copy of Special Orders Number 034, U.S. Army Personnel Center, Oakland, CA, dated 3 February 1969. These orders show the applicant was diverted from his assignment to Vietnam and reassigned to Fort Hood with a report date of 12 February 1969. The applicant has also provided a copy of a reassignment memorandum which shows that upon his arrival to Fort Hood, he was further reassigned to the 501st Administrative Company (Replacement), Fort Hood with a report date of 14 February 1969.
6. A copy of his DD Form 214 shows he was honorably released from active duty on 1 August 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed a total of 3 years of active service.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his DD Form 214 by adding his foreign service in Vietnam was carefully considered; however, it is not supported by the evidence of record.
2. There is no evidence, and the applicant has not provided sufficient evidence, to show he served in Vietnam at any time during his 3 years of active military service in the Army.
3. The applicants record contains a copy of a special order which diverts him from assignment to Vietnam and further reassigns him to Fort Hood, TX to serve out the remaining six months of his enlistment contract. Therefore, there is no basis to grant the requested relief.
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) AR20100014287
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ABCMR Record of Proceedings (cont) AR20100014287
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