IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110016996
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 (Report of Separation from Active Duty) to show his foreign service in Vietnam.
2. The applicant states he needs his DD Form 214 corrected for the purpose of medical and disability assistance as he is a cancer patient. He is enclosing documents that prove he was in Vietnam during 1969. The St. Louis records center lost a major portion of his military records.
3. The applicant provides:
* DD Form 214
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Page 1 of DA Form 2-1 (Personal Qualification Record)
* Page 3 of DA Form 20 (Enlisted Qualification Record)
* Three letters
* Orders
* A certificate
* A travel voucher
* Four pages of a medical record
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 24 June 1968 and he held military occupational specialty 13B (Field Artillery Crewmember).
3. He served in Korea from 3 May 1969 to 2 June 1970 while assigned to the 98th Transportation Company.
4. On 8 January 1971, he was discharged for the purpose of immediate reenlistment. The DD Form 214 he was issued for this period of service shows he completed 2 years, 6 months, and 15 days of active service of which 1 year and 1 month was foreign service in Korea.
5. He reenlisted in the RA on 9 January 1971. He served in Hawaii from 6 March 1971 to 5 March 1974 while assigned to the 13 Field Artillery, 1st Brigade, 25th Infantry Division.
6. He was honorably discharged from active duty on 8 January 1975. The DD Form 214 he was issued for this period of service shows he completed 4 years of active service during this period of service of which 3 years was foreign service in Hawaii. He completed a total of 6 years, 6 months, and 15 days of creditable active service.
7. Item 5 (Overseas Service) of his DA Form 2-1 and item 31 (Foreign Service) of his DA Form 20 contains entries that show he served in U.S. Army Pacific (USARPAC) Korea from 3 May 1969 to 2 June 1970 and in USARPAC Hawaii from 6 March 1971 to 5 March 1974.
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. There were no provisions to enter the dates of the foreign service on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the applicant's sincerity, the evidence of record does not show he ever served in Vietnam. Although the documents the applicant provided and the documents contained in his official file contain conflicting information, there is no evidence to show the DA Form 20 and DA Form 2-1 in his records contain inaccurate information. Therefore, he is not entitled to the requested relief.
2. The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for veterans or other benefits. Every case is individually decided based upon its merits when an applicant requests a correction to his military records.
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) AR20110016996
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110016996
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