IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110018066
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, correction of his DA Form 20 (Enlisted Qualification Record) to show he did not serve in the Republic of Vietnam.
2. The applicant states:
* he recently received a copy of his records which show that he served in Vietnam
* his records show he deployed to Vietnam on 3 November 1965 and he did not
* it was determined he was too close to his release from active duty so it was determined that he would not deploy with this unit
3. The applicant provides no additional evidence.
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 was inducted into the Army on 21 November 1963. He completed training as a radio technical telephone operator and was assigned to Fort Benning, Georgia.
3. Entries made on his DA Form 20 show he was transferred to Vietnam on 3 November 1965.
4. On 19 November 1965, the applicant was honorably released from active duty due to the expiration of his term of service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he received does not show he had served in Vietnam.
5. A review of the applicants official military record fails to show that he ever served in the Republic of Vietnam.
6. A DA Form 20 provides a record of individual personnel management qualifications such as grade, skills, and assignment history and is used primarily by personnel managers at unit level to support the Armys personnel life-cycle function of sustainment.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted.
2. The only document in his official military record that indicates he deployed to Vietnam is his DA Form 20.
3. As previously stated his DA Form 20 provides a record of individual personnel management qualifications such as grade, skills, and assignment history and is used primarily by personnel managers at unit level to support the Armys personnel life-cycle function of sustainment. Because he was released from active duty on 19 November 1965, his DA Form 20 is no longer active and correction of this form would not be appropriate.
4. In view of the foregoing, the applicants request should be denied.
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) AR20110018066
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110018066
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120008994
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of her DA Form 2-1 (Personnel Qualification Record) to show her dates of service in Haiti as 16 October 1994 to 10 January 1995 instead of 2 December 1994 to 10 January 1995. However, if the applicant can provide evidence to support her contention she served in Haiti from 16 October 1994 to 10 January 1995, she may submit an application to have that...
ARMY | BCMR | CY2013 | 20130014128
He states he did not find out until December 2010 that the award of the Purple Heart was not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Army Regulation 600-8-22 (Military Awards), currently in effect, states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. There are no available medical records and the applicant did not provide sufficient evidence which shows he was wounded or...
ARMY | BCMR | CY2013 | 20130005254
The applicant requests, in effect, correction of her records to show her revised Army Services Vocational Aptitude Battery (ASVAB) test scores. The recruiter did say that he can accept a copy of her DA Form 2-1 or ERB showing her updated scores. She believes that it could already be updated on her DA Form 2-1 or ERB in her official military record and if so she would like a copy of it to present to recruiters and have the Board update the information in the appropriate systems so that she...
ARMY | BCMR | CY2011 | 20110010870
The applicant requests correction of his DD Form 214 (Certificate of Release Discharge from Active Duty) for the period ending 31 October 1985 and his DA Form 2-1 (Personnel Qualification Record) to show award of the Meritorious Service Medal. The applicant's military service record shows he retired on 31 October 1985. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 for the...
ARMY | BCMR | CY2012 | 20120007345
The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was honorably discharged on 9 October 1972 and he reenlisted in the Army on 10 October 1972. The applicant was issued a DD Form 214, dated 25 October 1962, which shows he was initially inducted into the Army on 21 August 1962. Item 12f on his DD Form 214, dated 31 August 1989, shows he had 1 year, 11 months, and 20 days of foreign service during the period covered by the DD Form 214.
ARMY | BCMR | CY2011 | 20110023377
Correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending: * 30 August 1956, to show his assignment to the Aviary Section 8240, Korea, from 23 November 1953 to 20 September 1954 and award of the Republic of Korea Parachutist Badge * 23 August 1968, to show the Armed Forces of the Philippines (AFP) Master Parachutist Badge * 31 October 1970, to show his last duty assignment as the 5th Special Forces Group and award of the Army...
ARMY | BCMR | CY2010 | 20100021708
The applicant requests: a) the issuance of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows all of the decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized while on active duty in the Army of the U.S.; b) the issuance of all decorations, badges and medals with ribbons awarded or authorized for his service in the Massachusetts Army National Guard (MAARNG) from 24 February 1973 to 25 September 1980; c) the...
ARMY | BCMR | CY2013 | 20130003668
The applicant requests, in effect, correction of his DA Form 2-1 (Personnel Qualification Record Part II) and his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Iraq Campaign Medal (ICM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) 2. He also requests a "retirement award." The applicant's military service records show that he retired on 31 December 2003.
ARMY | BCMR | CY2011 | 20110017006
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his active duty training in 1975 and 1976. The applicant provides copies of his: * DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 2 February 1971 * DD Form 214 for the period ending 10 August 1971 * DA Form 20 * Letter Orders Number 05-295, Headquarters, First U.S. Army, Fort Meade, MD, dated 21 May 1974 * Orders 20-202, issued by the...
ARMY | BCMR | CY2008 | AR20080018943
The applicant requests that his 1977 DD Form 214 (Report of Separation from Active Duty) be corrected to reflect award of the Jungle Expert Badge, the Army Good Conduct Medal, the Army Service Ribbon, and the Overseas Service Ribbon. His records contain four performance evaluation reports covering the period February 1975, when he was initially assigned to Panama, through June 1977 when he was released from active duty. As a result, the Board recommends that all Department of the Army...