IN THE CASE OF:
BOARD DATE: 13 January 2011
DOCKET NUMBER: AR20100022261
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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM), be corrected to show his foreign service in Vietnam.
2. The applicant states her late husband's DD Form 214 needs to show his service in Vietnam so that she may qualify for benefits.
3. The applicant provides the FSM's DD Form 214, Marriage License, and Certificate of Death.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The FSM's records show he was inducted into the Army of the United States on 5 February 1969. He completed basic combat and advanced individual training at Fort Polk, LA, on or about 27 June 1969. He was awarded and held military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. Subsequent to completing MOS training, he was reassigned to Headquarters and Headquarters Company (HHC), 2nd Brigade, 299th Infantry, at Schofield Barracks, HI, on or about 21 July 1969.
4. On 14 November 1969, he applied for a hardship discharge through HHC, 2nd Brigade, 299th Infantry, Schofield Barracks, HI, chain of command.
5. On 22 November 1969, he was promoted to private first class/E-3 while assigned to HHC, 2nd Brigade, 299th Infantry.
6. In or around December 1969, he was reassigned to HHC, 3rd Battalion, 14th Infantry, 4th Brigade, 25th Infantry Division.
7. On 2 January 1970, subsequent to a favorable recommendation by his chain of command, his request for a hardship discharge was approved.
8. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) does not list any foreign service in Vietnam, only in Hawaii. Additionally, item 38 (Record of Assignments) shows he served with HHC, 2nd Brigade, 299th Infantry, U.S. Army Pacific Command (USARPAC), Hawaii.
9. There are no permanent change of station (PCS) orders, temporary duty (TDY) orders, or any other official documents in his service records that show he was ordered to or served in Vietnam.
10. He was honorably released from active duty on 12 January 1970, and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation. The DD Form 214 he was issued shows he completed 11 months and 8 days of creditable active service. This form also shows the following entries:
* item 22c (Foreign Service) shows completion of 5 months and 21 days of foreign service
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show any Vietnam service-related awards
* item 30 (Remarks) does not list service in Korea, Indochina, or Vietnam
11. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 24c shows the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., USAREUR [U.S. Army Europe], USARPAC, etc.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows, subsequent to completing basic and advanced individual training at Fort Polk, the FSM served in Hawaii as a permanent duty assignment. There is no indication in his service records that he served in Vietnam. In the absence of PCS or TDY orders, or any other official documents such as TDY settlement vouchers, leave and earnings statements showing receipt of hazardous duty pay, or witness statements, regretfully, there is insufficient evidence to grant the requested relief in this case.
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) AR20100022261
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ABCMR Record of Proceedings (cont) AR20100022261
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