IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110017234
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 the records of her deceased husband, a former service member (FSM), be corrected to show his service in Vietnam.
2. The applicant states the Army sent her husband's unit from Oakland, CA, through stops in Hawaii, Wake Island, and Guam. His unit landed in Vietnam on 5 June 1966. The company's orders were not at the base when they arrived. The entire unit was based in Vietnam for approximately 2 1/2 weeks while they waited for their orders. Her husband died of ischemic heart disease which is a disease presumed to be caused by exposure to Agent Orange. Because the Army did not acknowledge the layover in Vietnam, she is being denied a monthly benefit available to her from the Department of Veterans Affairs. She would like proof to show her deceased husband was in Vietnam.
3. The applicant provides:
* letter to her Member of Congress
* letter from her Member of Congress
* marriage certificate
* FSM's death certificate
* FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* statement from a Soldier who served with the FSM
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 FSM was inducted into the Army of the United States on 28 December 1965. He completed basic combat and advanced individual training and was awarded military occupational specialty 64B (Heavy Vehicle Driver). He was assigned in Thailand and at Fort Campbell, KY. The highest grade/rank he attained while serving on active duty was specialist four/E-4.
3. The FSM's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company C, 809th Engineer Battalion (Construction), in Thailand from 3 June 1966 to 18 May 1967.
4. The FSM's records contain four sets of orders. The first two sets of orders show an address with the Army Post Office (APO) of 96232, indicating he was assigned to Camp Charn, Thailand. The second two sets of orders show an address with the APO of 96389, indicating he was assigned to Panom, Thailand.
5. The FSM's DD Form 214 shows he was honorably released from active duty on 14 December 1967. There is no reference to service in Vietnam listed on his DD Form 214.
6. The applicant provides a letter to her Congress member which outlines the details of her husband's trip. She indicates the Army sent her husband from Oakland, CA, through stops in Hawaii, Wake Island, and Guam. His unit landed in Vietnam on 5 June 1966. She states her husband and his unit stayed in Vietnam for 2 1/2 weeks waiting for orders to Thailand.
7. The applicant provides a statement from a man who served with her husband. He indicated he served in the "809th Battalion unit, Company C," with her husband. He further stated they were stationed at Oakland Army Base in California. They flew out from Travis Air Force Base, stopped in Hawaii, Wake Island, and Guam. They landed in Saigon, South Vietnam, on 5 June 1966. They were living in "Tent City B." Their orders weren't there when they arrived, so they ended up staying in Vietnam for about 2 1/2 weeks. When their orders came through they were flown out to Bangkok, Thailand.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that the FSM's records be updated to show Vietnam service or proof of Vietnam service has been carefully considered and researched.
2. Unfortunately, other than the statement she provides from a Soldier who served with the FSM, there is no official record or documentation in the FSM's record that places him in Vietnam.
3. Based on the forgoing, there is insufficient evidence to grant 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 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) AR20110017234
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ABCMR Record of Proceedings (cont) AR20110017234
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