IN THE CASE OF:
BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20110018953
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, the former spouse of a deceased former service member (FSM), requests correction of her husband's record to show he served in Vietnam.
2. The applicant states her husband went to Vietnam in 1967. He was assigned to the 218th Military Police Company and attached to Company C, 503rd Military Police Battalion. She is not sure why his service in Vietnam was not entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides
* Marriage License
* Certificate of Death
* Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* Three DA Forms 2349 (Military Pay Voucher)
* DA Form 2139 (Military pay Voucher)
* DA Form 20 (Enlisted Qualification Record) - page 1
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 FSM was inducted into the Army of the United States on 4 November 1965. He completed training and she was awarded military occupational specialty 95B (Military Police). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.
3. The FSM's DA Form 20 shows he was assigned to:
* the 218th Military Police Company, Dominican Republic, from 20 March 1966 to 17 August 1966
* C Company, 503rd Military Police Battalion, Dominican Republic, from
18 August 1966 to 12 September 1966
* C Company, 503rd Military Police Battalion, Fort Bragg, NC, from
13 September 1966 to 2 November 1967
4. There are no annotations on his DA Form 20 showing he served in Vietnam. Additionally, there are no official orders in his records assigning him to Vietnam.
5. On 3 November 1967, the FSM was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. The DD Form 214 the FSM was issued at the time shows he completed 2 years of total active service. Item 22c (Foreign and/or Sea Service) shows the entry "USARFOR 0 5 23" indicating he served in the U.S. Army Forces and credited with 5 months and 23 days of foreign service.
6. The applicant provided four DA Forms 2139 wherein she highlighted specific dates and comments. The items she highlighted including dates along the code and annotation "L-R-ORDY" or "LRO," indicating the dates the FSM was on "leave regular ordinary."
7. The applicant also provided a copy of page 1 of the FSM's DA Form 20 and highlighted the entry in item 19 (Investigations and Clearances). This entry, "LFC 23 March 1967 XVIII Airborne Corps C" shows the organization that processed the FSM security clearance and the date it was completed.
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 for correction of the FSM's records to show his service in Vietnam has been carefully considered and researched.
2. There is no evidence of record and the applicant did not provide any corroborating or supporting official record or documentation that places the FSM in Vietnam.
3. In view of the forgoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of the FSM's service in arms.
___________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) AR20110018953
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110018953
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090004912
Headquarters 173rd Airborne Brigade (Separate), Special Orders Number 116, dated 26 April 1967, show the applicant was awarded the Combat Infantryman Badge while a member of Company B, 2nd Battalion, 503rd Infantry, during his service in the Republic of Vietnam. The applicant's records do not contain orders that show he was awarded a second award of the Combat Infantryman Badge. The evidence of record shows that the applicant held an infantry MOS and was assigned to an infantry battalion...
ARMY | BCMR | CY2012 | 20120001209
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. For Vietnam service, one overseas service bar was...
ARMY | BCMR | CY2010 | 20100028261
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 95B (Military Police (MP)) vice 63A (Mechanical Maintenance Helper). As such, his DD Form 214 correctly reflects his MOS at the time of his REFRAD as 63A.
ARMY | BCMR | CY2011 | 20110002898
Application for correction of military records (with supporting documents provided, if any). The applicant requests his records be corrected to show he had "boots on the ground" in the Republic of Vietnam (RVN). In view of the above, there is insufficient substantiative evidence to provide the relief requested.
ARMY | BCMR | CY2011 | 20110017234
The applicant requests the records of her deceased husband, a former service member (FSM), be corrected to show his service in Vietnam. She states her husband and his unit stayed in Vietnam for 2 1/2 weeks waiting for orders to Thailand. _____________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.
ARMY | BCMR | CY2009 | 20090013449
IN THE CASE OF: BOARD DATE: 24 November 2009 DOCKET NUMBER: AR20090013449 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states he was awarded the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam (RVN). The evidence of record fails to support the applicant's contention that he served 30 consecutive or 60 nonconsecutive days in the Dominican Republic during the authorized designated period from 28 April to 16 September 1965 (i.e., the date of his...
ARMY | BCMR | CY2006 | 20060009524
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2007 DOCKET NUMBER: AR20060009524 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, award of the Army Forces Expeditionary Medal (AFEM) and the Combat Infantryman Badge (CIB). The applicant was subsequently separated from the service and requested that he be...
ARMY | BCMR | CY2010 | 20100013460
The applicant requests that his records be corrected to show award of four Purple Hearts. Headquarters, 1st Brigade, 101st Airborne Division, General Orders Number 463, dated 12 March 1967, awarded the applicant the Purple Heart for wounds received on 1 March 1967. 2nd Surgical Hospital (Mobile Army), General Orders Number 67, dated 17 August 1967, awarded the applicant the Purple Heart for wounds received on 16 August 1967.
ARMY | BCMR | CY2013 | 20130007808
Therefore, he is entitled to correction of his DD Form 214 to show the requested unit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the current entry from item 12 of his DD Form 214 * adding the entry "COMPANY C, 3D BATTALION, 47TH INFANTRY REGIMENT, 9TH INFANTRY DIVISION, USARV" to item 11 of his DD Form 214 __________X_______________ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2014 | 20140008841
Application for correction of military records (with supporting documents provided, if any). The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal. His DA Form 20 (Enlisted Qualification Record), as amended by two DA Forms 2876 (Report of Change for DA Form 20), shows in: a. item 31 (Foreign Service), he served in Vietnam from 3 April...