IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110004008
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, the widow of a deceased former service member (FSM), requests her late husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he served in Vietnam.
2. The applicant states:
* Her husband never filed to correct his records because he was told not reveal what he did in Vietnam, Laos, and Cambodia
* She is not interested in knowing the details of his specific missions
* She knows he went to DaNang and was involved in a mission in Tam Ky, Vietnam in 1970
* He was also sent to Bangkok and then into Samrong, Cambodia for a similar mission
* He went on numerous missions from Korea to Vietnam and for none of which did he have TDY [temporary duty] orders due to the secrecy of such activities
* She needs this information to help her with her Department of Veterans Affairs Dependency and Indemnity Compensation/accrued benefit claims
3. The applicant provides:
* FSM's death certificate
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214
* Two letters from her attorney
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Same as above.
CONSIDERATION OF EVIDENCE:
1. His DD Form 214 shows he was inducted into the Army of the United States on 13 March 1969. He served as a field radio repairman and was released from active duty on 12 February 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
2. His DD Form 214 shows the National Defense Service Medal, Armed Forces Expeditionary Medal (for service in Korea), and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he served 1 year and 1 month of foreign service in USARPAC (U.S. Army Pacific). Item 30 (Remarks) shows the entry "VN (Vietnam) SERVICE: NONE."
3. Item 31 (Foreign Service) of his DA Form 20 shows he served in Korea from 13 January 1970 through 12 February 1971 (a total 1 year and 1 month).
4. There is no evidence of record which shows the FSM served in Vietnam.
5. The FSM died on 25 June 2008.
6. Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214. The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which the service was performed would be entered in item 22c.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the FSM served in Korea 1 year and 1 month.
2. Although the applicant contends the FSM went on many missions from Korea to Vietnam without TDY orders due to the secrecy of his activities, there is no evidence of record and the applicant provided no evidence which shows he served in Vietnam. Regrettably, there is insufficient evidence on which to amend his DD Form 214 to show he served in Vietnam.
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) AR20110004008
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