IN THE CASE OF:	  

		BOARD DATE:  21 June 2012

		DOCKET NUMBER:  AR20120000154 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Vietnam.

2.  The applicant states that he was in Vietnam in July 1966.  When he applied for a medical card he was denied because his records do not show his service in Vietnam. 

3.  The applicant provides:

* DD Form 214
* Page 3 of his 4-page DA Form 20 (Enlisted Qualification Record)
* DA Form 3027 (U.S. Army Request for National Agency Check)

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 applicant was inducted into the Army of the United States on 13 October 1965.  He completed basic combat training at Fort Polk, LA, in December 1965, and advanced individual training at Fort Sill, OK, in or around February 1966.  He was awarded and he held military occupational specialty (MOS) 13A (Field Artillery Basic).

3.  Subsequent to completing his MOS training, he was reassigned to Fort Benning, GA, where he completed the Basic Airborne Course in or around March 1966.  He was then reassigned to Fort Lee, VA, where he completed training for MOS 43E (Parachute Rigger) in or around July 1966. 

4.  Item 31 (Foreign Service) of his DA Form 20 shows he served in the U.S. Army Pacific (Japan) from 1 August 1966 to 28 September 1967.

5.  Item 38 (Record of Assignment) of his DA Form 20 shows the following entries:

* 8 July 1966, casual, enroute to Vietnam
* 1 August 1966, Parachute Rigger Assistant, 549th Quartermaster (QM) Company, Army Postal Office (APO) San Francisco (SF) 96343
* 8 December 1966, Parachute Rigger Assistant, 549th QM Company, U.S. Army Pacific

6.  His records contain:

* Memorandum, dated 12 September 1966, addressed to the Commander, U.S. Army Depot Command, Japan, ATTN: Security Control Officer, APO SF 96343 regarding the applicant's security clearance
* Special Orders Number 36, issued by the U.S. Army Depot - Japan, APO SF 96343, on 20 March 1967, promoting him to E-3 in the 549th QM Company, APO SF 96343
* Special Orders Number 88, issued by the U.S. Army Depot Command, Japan, on 5 July 1967, awarding him a marksmanship qualification badge
* DA Form 2658 (Health Record - Abstract of Service) that shows he inprocessed the 549th QM Company at the U.S. Army Hospital, Camp Zama, Japan, on 2 August 1966
* Letter of appreciation, dated 15 February 1967, issued by the senior commander, U.S. Army Depot Command, Japan
* General Orders Number 53, issued by issued by the U.S. Army Depot - Japan, APO SF 96343, on 8 September 1967, awarding him the Army Good Conduct Medal while assigned to the 549th QM Company, APO SF 96343

7.  There are no permanent change of station (PCS) orders, temporary duty (TDY) orders, or any other official documents in his service record that show he was ordered to or served in Vietnam.

8.  He was honorably released from active duty on 28 September 1967.  The DD Form 214 he was issued shows he completed 1 year, 11 months, and 16 days of total active service.  This form also shows in:

* item 18f (Foreign and/or Sea Service this Period) he completed 1 year, 11 months, and 28 days of foreign service in the U.S. Army Pacific
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) no Vietnam service-related awards

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 18f shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., USAREUR (U.S. Army Europe).  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows, subsequent to completing basic, advanced, airborne, and parachute rigger training, the applicant served at Camp Zama, Japan, from on or about 1 August 1966 to on or about 28 September 1967 as a permanent duty station. 

2.  It appears he may have originally been scheduled for assignment to Vietnam; however, there is no evidence in his service records and he did not provide any substantiating evidence that he served in Vietnam.  In the absence of PCS or TDY orders; other official documents such as TDY settlement vouchers or leave and earnings statements showing receipt of hazardous duty pay; or witness statements; regretfully, there is insufficient evidence to grant the applicant's 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)                                         AR20120000154





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ABCMR Record of Proceedings (cont)                                         AR20120000154



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