IN THE CASE OF:
BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110014506
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 item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the entry "Vietnam Combat Veteran."
2. The applicant states he served in Vietnam from 15 June 1968 to 25 June 1969 while assigned to the 518th Military Intelligence (MI) Detachment, 3rd Brigade, 82nd Airborne Division. From July 1968 to May 1969, he flew as an aerial observer. In August 1968, while flying with the 220th Aviation Company, he and the pilot engaged enemy ground forces during Operation Somerset Plain. In September 1968, he flew aerial combat missions with the 101st Airborne Division. During February, March, and April [1969], he flew aerial missions with the U.S. Air Force resulting in air to ground combat with enemy forces. As a result of service in Vietnam, he participated in events constituting actual fight and encounters with hostile military units. Based on his military occupational specialty (MOS) of 96D (Image Interpreter), he is being denied benefits by the Department of Veterans Affairs (VA) for his service-connected disabilities.
3. The applicant provides:
* DD Form 214
* Two orders
* A photograph
* A two-page printout titled "220th Aviation Company Personnel Roster"
* A printout titled "Combat Action Badge Award Criteria"
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. The applicants records show he enlisted in the Regular Army on 25 September 1967 and he held MOS 96D. He served in Vietnam from 25 June 1968 to 25 June 1969 while assigned to the 518th MI Detachment, 3rd Brigade, 82nd Airborne Division.
3. He was honorably released from active duty on 26 June 1970 and he was transferred to the U.S. Army Reserve. He completed 2 years, 9 months, and 2 days of creditable active service.
4. Item 30 of the DD Form 214 he was issued shows the entry "Inclusive dates of service in Vietnam during current period of service: 25 Jun 68 thru 25 Jun 69."
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of this regulation, in effect at the time, contains guidance on the preparation of the DD Form 214. It stated, in Item 30, to show service in Vietnam, enter Vietnam and the inclusive dates of the service. All entries were required to be verified against source documents for completeness and accuracy. There was no authorized entry to denote a Soldier as a Vietnam combat veteran.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Vietnam from 25 June 1968 to 25 June 1969, which is correctly shown on his DD Form 214. There is no authorized entry to show a Soldier as a Vietnam combat veteran.
2. The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for VA. Every case is individually decided based upon its merits when an applicant requests a correction to his military records.
3. In view of the foregoing, the applicant is not entitled to the requested relief.
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) AR20110014506
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ABCMR Record of Proceedings (cont) AR20110014506
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