IN THE CASE OF:	  

		BOARD DATE:  31 January 2013

		DOCKET NUMBER:  AR20120010986 


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 in January 1971 while serving in the Army, he was shipped Outside the Continental United States (OCONUS) and sent to Vietnam.  He reported to the Reception Center in Da Nang.  But, when his commander found out he was only 17 years of age, he immediately sent him stateside to Hawaii.  He was there and went where they sent him and he was willing to do whatever it took.  Now all the evidence has been omitted from his records.  

3.  The applicant did not provide any evidence.

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

1.  Counsel requests correction of the applicant's records to show his OCONUS service in Vietnam. 

2.  Counsel states the applicant enlisted in the Army and he was sent to Vietnam after completing Jungle training.  Upon arrival in Vietnam, it was discovered he was only 17 years of age and after 2 weeks in country, he was immediately returned to Schofield Barracks, HI.  

3.  Counsel did not provide any 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 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's records show he was born on 9 July 1953 and he enlisted in the Regular Army at 17 years of age on 28 August 1970.  

3.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic) on or about 21 January 1971.  

4.  On 19 February 1971, he departed Aberdeen Proving Ground, MD, enroute to the U.S. Army Pacific (USARPAC).  He arrived at Schofield Barracks, HI, on 25 March 1971.

5.  On 31 March 1971, he was assigned to Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division, Schofield Barracks, HI.

6.  On 25 June 1971, he was promoted to private/E-2 by Unit Orders Number 36, issued by Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division, Schofield Barracks, HI. 

7.  On 10 August 1971, he submitted an application for a replacement military identification card at Schofield Barracks, HI. 

8.  On 15 September 1971, he was promoted to private first class/E-3 by Unit Orders Number 56, issued by Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division, Schofield Barracks, HI. 

9.  On 2 March 1972, he underwent a separation physical at the U.S. Army Health Clinic, Schofield Barracks, HI. 

10.  On 6 March 1972, he departed Schofield Barracks, HI, enroute to CONUS, for separation. 

11.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) lists his service in Hawaii from 25 March 1971 (ink entry - indicating permanent entry) to 27 August 1973 (pencil entry indicating a temporary entry - original separation date).  Additionally, item 38 (Record of Assignments) shows he served at Schofield Barracks, HI. 

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

13.  He was honorably released from active duty on 10 March 1972 under the early Separation Program to join a U.S. Army Reserve unit.  His DD Form 214 shows he completed 1 year, 6 months, and 11 days of creditable active service.  This form also shows in:

* Item 22f (Foreign and/or Sea Service This Period) the entry USARPAC and "0  11  16"  indicating he completed 11 months and 16 days of foreign service in USARPAC
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) no Vietnam service-related awards
* item 30 (Remarks) a blank entry/no dates next to the word RVN (Republic of Vietnam)

14.  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 22f 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 and advanced individual training, the applicant served at Schofield Barracks, HI, with the 1st Brigade, 25th Infantry Division, as a permanent duty station.  

2.  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, 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)                                         AR20120010986





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ABCMR Record of Proceedings (cont)                                         AR20120010986



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