BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100021247
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 the Republic of Vietnam (RVN).
2. The applicant states that he noticed the omission shortly after his discharge and believes it was due to security concerns.
3. The applicant provides a copy of his DD Form 214 and a statement from a former Soldier who served with him in the RVN.
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. On 25 July 1963, the applicant enlisted in the Regular Army. He completed his initial training and he was awarded military occupational specialty 05K (Teletype Intercept Operator).
3. On 11 December 1964, the applicant was assigned to the 12th U.S. Army Security Agency (USASA) Operations Company, located in Japan. On
25 September 1965, his unit was renamed as Company B, USASA. He returned to the United States on or about 22 June 1967.
4. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Japan from 11 December 1964 to
23 June 1967 (2 years, 6 months, and 13 days).
5. On 26 June 1967, the applicant was honorably released from active duty. He completed 3 years, 11 months, and 2 days of creditable active duty service. He was released from active duty as an overseas returnee in the rank/grade of specialist five (SP5)/E-5.
6. Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows he served overseas in USARPAC [U.S. Army Pacific] for a period of 2 years,
6 months, and 13 days.
7. The applicant provided a letter from a former Soldier stating that he and the applicant had served together in the RVN. They had met each other on
8 February 1966. The applicant was on temporary duty in the RVN. They were both stationed at Camp Radcliff at An Khe in the RVN.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. This regulation did not provide for entry of temporary duty assignments on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his foreign service in the RVN.
2. The available evidence of record shows that the applicant served in Japan for a period of 2 years, 6 months, and 13 days from 11 December 1964 to 23 June 1967. This foreign service is correctly reflected on his DD Form 214.
3. The letter provided by the applicant from a former Soldier clearly states that he had first met the applicant on 8 February 1966 and that they had served together in the RVN. However, it does not state how long they served in the RVN, or provide any other corroborating documentation of this service. Therefore, the letter in itself is insufficient upon which to base any change of the applicant's DD Form 214 pertaining to foreign service performed in Vietnam.
4. In view of the above, the applicants request 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) AR20100021247
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ABCMR Record of Proceedings (cont) AR20100021247
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