IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110016352
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 his foreign service in Vietnam.
2. The applicant states his DD Form 214 does not show his service in Vietnam.
3. The applicant provides his DD Form 214 for the period ending 26 October 1964.
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 applicant's records show he enlisted in the Regular Army (RA) on 18 January 1947 and he held military occupational specialty 98C (Traffic Analyst). On 17 January 1950, he was discharged for the purpose of immediate reenlistment.
3. He reenlisted in the RA and served as follows:
* 18 January 1950 to 17 February 1953
* 18 February 1953 to 26 October 1955
* 27 October 1955 to 26 October 1961
* 27 October 1961 to 26 October 1964
4. On 27 October 1964, he reenlisted in the RA and on 31 January 1967 he was honorably retired and transferred to the U.S. Army Control Group (Retired). He completed a total of 20 years and 13 days of creditable active service.
5. Item 24c (Foreign and/or Sea Service) of the DD Form 214 he was issued for the period ending 31 January 1967 shows the entry "USARPAC (PI)" indicating service in the U.S. Army Pacific (Philippine Islands) and "1 6 21" indicating 1 year, 6 months, and 21 days of foreign service.
6. His DA Form 20 (Enlisted Qualification Record) does not show he was ever assigned to Vietnam. This form does show he was assigned to the Philippine Islands from 2 February 1959 to 15 December 1960 and from 22 January 1964 to 17 May 1966.
7. His records do not contain orders showing he was ever attached or assigned to Vietnam on temporary duty.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated in item 24 enter 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 service was performed in. There were no provisions to enter the dates of the foreign service on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence of record does not show the applicant ever served in Vietnam. His DD Form 214 for the period ending 31 January 1967 correctly shows his foreign service in the Philippine Islands. Therefore, he 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) AR20110016352
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ABCMR Record of Proceedings (cont) AR20110016352
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