IN THE CASE OF:
BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20110001386
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 show his Vietnam area service in Thailand.
2. The applicant states he completed 90 days of temporary duty (TDY) in the Vietnam area (Bangkok, Thailand) from November 1971 to January 1972.
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 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 records show he was inducted into the Army of the United States on 25 March 1970 and he held military occupational specialty 94B (Cook).
He was subsequently assigned to 7th Psychological Group, Okinawa, Ryukyu Islands, from on or about 15 September 1970 to on or about 16 January 1972.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) does not list any foreign service in Vietnam or Thailand. Item 38 (Record of Assignments) shows he was assigned as follows:
* 6 April 1970, basic combat training, Fort Jackson, SC
* 29 June 1971, advanced individual training, Fort Polk, LA
* 29 September 1970, Headquarters, 11th Psychological Operations Group, with duty with 18th Psychological Operations Company, Okinawa
* 12 January 1971, Headquarters, 7th Psychological Operations Group, Okinawa
4. There are no permanent change of station (PCS) orders, TDY orders, or any other official documents in his service records that show he was ordered to or served in Vietnam or Thailand.
5. He was honorably released from active duty on 7 February 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. His DD Form 214 shows the following entries:
* item 22c (Foreign and/or Sea Service) U.S. Army Pacific Command (USARPAC) for a period of 1 year, 4 months, and 22 days
* 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
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 22c would show the total period of active service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., USARPAC, etc.). Furthermore, item 30 was used for Department of the Army mandatory requirements when a separate block was required for a continuation entry.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that subsequent to completion of training, the applicant was assigned to Okinawa until he was separated. The available evidence does not show he served in Vietnam or Thailand. 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, there is insufficient evidence to grant 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 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) AR20110001386
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ABCMR Record of Proceedings (cont) AR20110001386
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