IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100027114 


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 two tours in the Republic of Vietnam (RVN).

2.  He states his second tour in Vietnam was with Company B, 1st Battalion, 508th Infantry, 82nd Airborne Division from February to November 1968.  

3.  He provides the following:

* DD Form 214
* Newspaper articles
* Congressional correspondence
* Honorable Discharge Certificate

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 applicant’s record shows he enlisted in the Regular Army on 26 January 1966.  He was credited with 2 years, 11 months, and 29 days of total active service at the time he was honorably released from active duty on 24 January 1969.

3.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he was credited with 11 months and 28 days of service in the U.S. Army Pacific (USARPAC).  

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in USARPAC (Vietnam) from 25 August 1966 through 
22 August 1967.  This form also contains an entry that shows he served in Vietnam from 14 February through 28 March 1968.  However, this entry has been lined through indicating the entry was made in error.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows the effective date, duty military occupational specialty, principal duty, and organization and station or theater of assignment.  The information concerning his first tour in the RVN and his service thereafter is listed as follows:

* 4 August 1966, Casual, Enroute to USARPAC
* 3 September 1966, Gunner, Company A, 1st Battalion, 5th Cavalry (USARPAC)
* 21 August 1967, casual, enroute to the Continental United States
* 6 October 1967, Squad Leader, Company C, 1st Battalion, 504th Infantry, Fort Bragg, NC
* 13 February 1968, Squad Leader, Company B, 1st Battalion, 508th Infantry, Fort Bragg, NC
* 14 February 1968, Squad Leader, Company B, 1st Battalion, 508th Infantry (USARPAC)
* 7 April 1968, Squad Leader, Company C, 1st Battalion, 504th Infantry, Fort Bragg, NC

6.  Letter Orders 567, dated 13 February 1968, contained in his military personnel records jacket (MPRJ) show he was scheduled to move on temporary change of station (TCS) orders to USARPAC with his organization/unit.  His unit was listed as Company B, 1st Battalion, 508th Infantry, Fort Bragg, NC.  The will proceed date was listed as on or about 14 February 1968. 


7.  Special Orders Number 72, dated 28 March 1968, contained in his MPRJ show he was reassigned with no travel involved (NTI) from Company B, 1st Battalion, 508th Infantry to Company C, 1st Battalion, 504th Infantry, Fort Bragg, NC, with a report date of 29 March 1968.

8.  The applicant provided several newspaper articles concerning Soldiers being sent to Vietnam more than once.  One article titled "Second Trip to Vietnam Stall April Wedding," stated that he was scheduled to get married, but he was among the 10,000 men sent to Vietnam with the 82nd Airborne Division.  The article said this was his second tour of duty in Vietnam. 

9.  Correspondence between the applicant and his Congressional Representatives concerning his second deployment to Vietnam indicates he deployed to RVN on 14 February 1968 from Fort Bragg.

10.  On 24 May 1968, the applicant applied and received an identification card for his spouse at Fort Bragg, NC.  The application shows that he was married on 
27 April 1968 in Jamaica, New York.

11.  Army Regulation 635-5 (Separation Documents) in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  Section III instructed the preparer to enter the total period of active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed, e.g., "(USARPAC)" in item 24c.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence to support the applicant's contention that he served in Vietnam from February 1968 to November 1968.  The evidence of record shows he was on TCS orders to deploy with his unit on 14 February 1968.  The congressional correspondence suggests that he did deploy.  

2.  However, it appears he never arrived overseas.  This is based on the fact that he was reassigned from his deployed unit, the 508th Infantry, to the 504th Infantry, Fort Bragg, with a report date of 29 March 1968, with no travel involved. Additionally, his DA Form 20 shows the second tour information for Vietnam is lined through.  Further he was married in April 1968 as originally scheduled based on the newspaper article.  Therefore, in the absence of evidence that confirms he served a second tour in the RVN and the dates of that service there is an insufficient basis to approve his 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)                                         AR20100027114



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ABCMR Record of Proceedings (cont)                                         AR20100027114



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