IN THE CASE OF:	  

		BOARD DATE:	  1 March 2012

		DOCKET NUMBER:  AR20110017754


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, in effect, removal of the "DFR [Dropped from the Rolls] (Desertion)" entry in item 38 (Record of Assignments) on his DA Form 20 (Enlisted Qualification Record). 

2.  The applicant states, in effect, that he was not a deserter.  He was on his way to Vietnam and he was transferred to Hawaii when the Army realized his brother had been killed in Vietnam.  He was transferred due to a Congressional Order from Congressman James Hanley.  He fought for his country honorably in Korea, Vietnam, and Hawaii.  He would never want anyone to think this about him.  Additionally, he has been trying to find his medical records for 40 years, but he has been told they are lost.

3.  The applicant provides copies of:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Honorable Discharge Certificate 
* Page 3 from two DA Forms 20
* Orders, dated 7 September 1968, for hostile fire pay
* A letter, dated 30 June 1970, requesting his education records
* Orders, dated 28 August 1970, reassigning him for separation
* Orders, dated 26 October 1970, releasing him from active duty
* 1st Endorsement:  Subject:  Amendment to Orders


CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 3 years on 29 August 1967 and he held military occupational specialty 11C (Indirect Fire Crewman)

2.  His DA Form 20 was reviewed on 20 August 1969 and it shows in:

	a.  item 31 (Oversea Service) that he performed duty in Korea from 
7 February 1968 through 6 February 1969; 

	b.  item 38 "10 February 1970 DFR (Desertion)"; 

	c.  item 41 Awards and Decorations) the National Defense Service Medal and Armed Forces Expeditionary Medal (Korea); and 

	d.  item 44 (Time Lost) several entries showing he was absent without leave (AWOL) including an entry beginning on 12 January 1970.

3.  His DA Form 20 is annotated as a Temporary Record prepared by the 4th Brigade, 25th Infantry Division.  He last reviewed this record on 7 May 1970 and it shows in:

	a.  item 31 that he performed duty in Hawaii from 25 April through 24 October 1970; 

	b.  item 38 that effective 13 February through 23 April 1970 he was assigned to Company A, 2d Battalion, 8th Cavalry (Vietnam) and from 8 May through 
21 October 1970 he was assigned to Troop H, 10th Cavalry (Hawaii); and 

	c.  item 41 no entries.

4.  He was honorably released from active duty effective 26 October 1970, in the rank of specialist four/E-4.  He had completed 2 years, 10 months, and 24 days of net service.   

5.  His DD Form 214 shows in:

	a. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and Vietnam Service Medal; and


	b. item 30 (Remarks) that he had 94 days of lost time including the period 
12 January to 15 February 1970.    

6.  His record contains:

	a.  DA Form 2496 (Disposition Form) Subject:  Volunteer for Vietnam, dated 26 August 1969;

	b.  Orders, dated 12 December 1969, reassigning him to Vietnam with a reporting date of 18 January 1970; 

	c.  DD Form 553 (Absentee Wanted by the Armed Forces), dated 
17 February 1970, showing he was reported in an AWOL status on 12 January 1970 and dropped from Army rolls as a deserter on 10 February 1970;   

	d.  An Affidavit, dated 26 October 1970, certifying:  

       (1)  he was assigned to Korea from 6 February 1968 to 6 February 1969, Vietnam from 21 February to 21 April 1970, and to Hawaii from 25 April to
2 October 1970; 

       (2)  he was AWOL from 12 January to 15 February 1970 (35 days); and  
   
       (3)  the Affidavit was signed by the applicant and the Assistant Adjutant, U.S. Army Personnel Center, Oakland, CA.

	e.  Orders, dated 26 October 1970, showing he was relieved from active duty, effective 26 October 1970.

7.  In support of his application he provides:

	a.  DD Form 214 in which he highlighted that he entered into active duty on 29 August 1967 was released effective 26 October 1970, and his character of service was honorable;

	b.  Page 3 of a DA Form 20, item 38 showing that effective 10 February 1970 his status was DFR (Desertion); 

   c.  Page 3 of a second DA Form 20, item 38 showing that, effective 
13 February 1970, he was assigned to Company A, 2d Battalion, 8th Cavalry, Vietnam, as an Indirect Fire Crewman; 

	d.  Orders showing he was authorized hostile fire pay, effective 31 August 1968, while assigned to Company B, 1st Battalion, 31st Infantry in Korea.  He annotated these orders "Serving with the 2nd Division in the DMZ in Korea for 
6 months"; 

	e.  A letter, dated 30 June 1970, written to the Phouc Vinh Education Center requesting that his education records be sent to Hawaii;

	f.  Orders, dated 28 August 1970, transferring him from Hawaii to the U.S. Army Transfer Station, Oakland CA, effective 24 October 1970 for separation;

	g.  1st Endorsement, Subject;  Amendment to Orders directing him to report to Hickam Air Force Base on 24 October 1970 for a flight to the continental United States (CONUS); 

   h.  Orders, dated 26 October 1970, releasing him from active duty and transferring him to the U.S. Army Reserve (USAR), effective 26 October 1970; and

	i.  His Honorable Discharge Certificate showing he was honorably discharged from the USAR on 1 August 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the "DFR (Desertion)" entry on his DA Form 20 should be removed.  He contends that he was on his way to Vietnam and transferred to Hawaii after the Army realized his brother had been killed in Vietnam.  He was transferred to Hawaii by a Congressional Order from Congressman James Hanley.

2.  There is no available evidence to show the applicant had a brother killed in Vietnam or that a reassignment was directed by a Congressman.  His record shows he served in Vietnam a little over 2 months and he was reassigned to Hawaii.  The record does not show the reason for the reassignment.

3.  The evidence shows the applicant was reported in a DFR status due to being AWOL.  By his own affidavit he was AWOL from 12 January to 15 February 1970 (35 days).  There is no available evidence showing his AWOL period from January to February 1970 was erroneous.



4.  The applicant provides several documents reflecting his service prior to and after the period of AWOL; however, he did not provide any evidence to refute the DFR entry on his DA Form 20 or the entry on his DD Form 214 that shows his lost time equals a total of 94 days.

5.  There is no evidence in his records and he did not provide any evidence that supports removal of the DFR entry from his DA Form 20.  Therefore, there is insufficient evidence to grant him 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)                                         AR20100012662



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017754



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1