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ARMY | BCMR | CY2011 | 20110021036
Original file (20110021036.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  26 April 2012

		DOCKET NUMBER:  AR20110021036 


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 reconsideration of his request to add his service in the Dominican Republic to his DD Form 214 (Armed Forces of the United States Report of Transfer pr Discharge).

2.  The applicant states, in effect, he served in the Dominican Republic from June to August 1965 and that service is not reflected on his DD Form 214.  He further states he is providing a statement from a retired sergeant major (SGM) who had first-hand knowledge that he served in the Dominican Republic.

3.  The applicant provides:

* a statement from a retired SGM
* orders assigning him to the 82d Airborne Division
* his promotion orders to the pay grade of E-4

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100002300, on 4 November 2010.


2.  The applicant provides a statement from a retired SGM and his promotion orders to E-4 that was not previously considered by the Board.  Therefore, they are considered new evidence that warrants consideration by this Board.

3.  The applicant was inducted into the Army of the United States in Guam on
14 July 1964.  He was transferred to Fort Ord, CA where he underwent his basic training in military occupational specialty (MOS) 11B (light weapons infantryman).  He completed his training and he was transferred to Fort Benning, GA to undergo airborne training.

4.  He completed his airborne training and he was transferred to Fort Bragg, NC where he was assigned to C Battery, 1st Battalion, 320th Airborne Field Artillery Regiment, 82d Airborne Division.   On 31 March 1965, he was awarded MOS 13B (cannon crewman) and his infantry MOS was withdrawn.

5.  A review of the unit’s history shows that on 26 April 1965, President Johnson orders paratroopers from the 82d Airborne Division, XVIII Airborne Corps,
E Company, 7th Special Forces Group and Marines of the Amphibious
Squadron 10 to the Dominican Republic as part of Operation Power Pack to protect American lives and to prevent a possible Castro-type takeover by communist elements.  The 1st Battalion, 320th Field Artillery Regiment was alerted on 28 April 1965 and ordered to move to the Dominican Republic by
1 May 1965 as part of Task Force Power Pack II.  On 26 May 1965, U.S. forces began to withdraw from the Dominican Republic as Central and South American troops assumed peacekeeping duties.

6.  A review of the applicant’s official record contains no evidence that shows he deployed with his unit to the Dominican Republic.

7.  The applicant was transferred to Vietnam on 15 December 1965 and he was assigned to A Battery, 3d Battalion, 319th Artillery Regiment, 173d Airborne Brigade for duty as a cannoneer and prime mover driver.

8.  He departed Vietnam on 4 July 1966 and he was transferred to Oakland Army Base, CA where he was subsequently transferred to Naval Operating Base, Guam where he was honorably released from active duty (REFRAD) on 17 July 1966 at the expiration of his term of service.  He completed 2 years and 3 days of total active service.  The DD Form 214 he was issued at the time of his REFRAD shows his last foreign service was in Vietnam.


9.  Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214.  The regulation in effect at the time provided no provisions for entering temporary duty assignments or foreign service other than the last foreign service performed on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he served in the Dominican Republic during his unit’s deployment in not in question, there is insufficient evidence to establish the period he served in the Dominican Republic.

2.  Notwithstanding that there is no evidence to establish the period he served in the Dominican Republic, the unit’s history indicates the unit arrived on 1 May 1965 and departed on 26 May 1965.

3.  Additionally, the regulation governing the preparation of the DD Form 214 only allowed the last area of foreign service to be reflected on the DD Form 214.  His record clearly shows his last foreign service was performed in Vietnam, which is correctly reflected on his DD Form 214.

4.  In view of the foregoing, there is no 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 to amend the decision of the ABCMR set forth in Docket Number AR20100012300, dated 4 November 2010.


2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20110021036



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ABCMR Record of Proceedings (cont)                                         AR20110021036



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