BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120004869
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) for the period ending
22 December 1967 to show:
a. his foreign service in Korea and Vietnam; and
b. he held an infantry military occupational specialty (MOS).
2. The applicant states:
* After basic and advanced individual training he went to Korea
* He was in the motor pool for a short time but they took him out of there and put him on patrol on the Demilitarized Zone (DMZ)
* His MOS was changed from mechanic to infantry
* The MOS change occurred because he did not salute a lieutenant
* He received an Article 15 for his mistake
* After Korea he was sent to Vietnam with his unit
* He served overseas (Korea and Vietnam) for approximately 13 months from May 1965 to June 1966
* He received an Honorable Discharge Certificate and DD Form 214
* He lost his DD Form 214 for his first period of service in a house fire
3. The applicant provides:
* A self-authored statement, dated 5 March 2012
* A photograph of a Soldier
* His Certification of Military Service, dated 23 February 2011
* His DD Form 214 for the period ending 22 December 1967
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 enlisted in the Regular Army (RA) on 15 December 1964 for a period of 3 years. He completed his training and he was awarded MOS 63B (wheel vehicle mechanic) and later MOS 63C (track vehicle mechanic). His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 29 April 1965 through 29 May 1966. On 15 December 1966, he was honorably discharged for the purpose of immediate reenlistment.
3. The available records do not contain a copy of the applicant's DD Form 214 for the period 15 December 1964 through 15 December 1966. However, he provided a Certification of Military Service, dated 23 February 2011, that shows he was a member of the RA from 15 December 1964 to 16 December 1966. He was honorably discharged in the rank of specialist four (SP4).
4. On 16 December 1966, he reenlisted for a period of 3 years. On
22 December 1967, he was discharged under the provisions of Army Regulation 635-212 (Personnel Separations-Discharge-Unfitness and Unsuitability) for unfitness. The DD Form 214 he was issued for this period of service shows in:
* Item 22c (Foreign and/or Sea Service) the entry "0 0 0," indicating no foreign service
* Item 23a (Specialty Number and Title) the entry "63C20 Trk Veh Mech" (Track Vehicle Mechanic)
5. There is no evidence of record which shows he served in Vietnam.
6. There is no evidence of record which shows he was awarded an infantry MOS.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The regulation in effect at the time states for:
a. 22c, enter 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. "Foreign and/or Sea Service (USAREUR)."
b. item 23a (Specialty Number and Title), enter the primary MOS code number and title.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he served in Korea and Vietnam for approximately
13 months during the period May 1965 to June 1966. However, there is no evidence of record and the applicant did not provide any evidence which shows he served in Vietnam.
2. Evidence of record shows he served in Korea from 29 April 1965 to 29 May 1966. However, since the governing regulation states that the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 would be entered in item 22c, and the available records do not contain a DD Form 214 covering the period of his service in Korea, there is no basis for granting the applicant's request to show his service in Korea on his DD Form 214 for the period ending 22 December 1967.
3. Although he contends his MOS was changed to infantry, there is no evidence of record and he provided no evidence to support this contention. Therefore, there is an insufficient evidentiary basis for granting this portion of his request to add an infantry MOS on his DD Form 214 for the period ending 22 December 1967.
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) AR20120004869
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