BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100015494
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 he served in the Republic of Vietnam.
2. The applicant states he was stationed in the Republic of Vietnam from September to December 1971 and performed duty as a door gunner with Company B, 82nd Infantry Regiment, III Corps.
3. The applicant provides a copy of 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 personnel records for his first period of service from July 1970 to January 1972 are not available for review. However, his subsequent military records are available for review.
3. The applicant's DD Form 214 for the period ending on 24 January 1972 reports:
a. he was inducted into the Army of the United States on 21 July 1970;
b. he attained the rank of specialist four, pay grade E-4 on 25 May 1971;
c. he had no overseas service;
d. he was honorably released from active duty on 24 January 1972 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training); and
e. he had completed 1 year, 6 months, and 4 days of creditable active duty service.
4. His DA Form 2-1 (Personnel Qualification Record - Part II) as prepared on
8 November 1981 and last reviewed by the applicant on 21 October 1984 shows:
a. he served on active duty from July 1970 to January 1972 as a cook and attained the rank of specialist four, pay grade E-4;
b. he was assigned to the USAR from January 1972 to December 1974 and attained the rank of specialist five, pay grade E-5;
c. he served on active duty for training for 7 days in 1974; and
d. he was assigned to the 425th Medical Detachment, Fort Sam Houston, Texas, from 1 January 1975 through 1 September 1984.
5. Item 5 (Overseas Service) of the applicant's DA Form 2-1 is blank.
6. DA Pamphlet (PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) does not list the 82nd Infantry Regiment as a unit that served in the Republic of Vietnam.
7. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any general orders pertaining to the applicant. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.
8. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. It provided for the entry in Item 22c (Foreign and/or Sea Service) the actual number of years, months, and days of overseas service performed by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he served in the Republic of Vietnam for 3 months in 1971.
2. The available military records do not contain specific documents for his active duty service from 1970 to 1972. However, his DD Form 214 for that period of service reports he had no overseas service.
3. Furthermore, his subsequent military records, last reviewed in 1984, record no overseas service.
4. A review of DA Pam 672-3 and ADCARS failed to find any evidence that might have corroborated the applicant's contention.
5. In view of the above, there is no basis for the applicant's request. It, therefore, should be denied.
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) AR20100015494
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ABCMR Record of Proceedings (cont) AR20100015494
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