BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120011039
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 active duty training during the Vietnam War.
2. He states he was on duty for three weeks at Camp Pickett, VA for training to deploy to Vietnam. He adds that absence of his Vietnam training time keeps him from being classified as a Vietnam veteran.
3. He provides the following:
* Self-authored statement
* DD Form 214
* DA Form 1270 (Transfer or Release to Reserve Component of the Army)
* Certificate of Training
* Honorable Discharge Certificates
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 applicants record shows he enlisted in the U.S. Army Reserve on
19 May 1957. On 11 August 1957, he was ordered to active duty for training. He served on active duty for 6 months and was honorably released on 10 February 1958.
3. He provided three honorable discharge certificates, dated 19 May 1963,
30 April 1966, and 30 November 1969, respectively. These certificates verify that he was honorably discharged from the U.S. Army on three separate occasions.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
In addition to there being no evidence of record to show he was on active duty at Camp Picket, there is no provision in the Army regulation to add the time the applicant later spent training to deploy to Vietnam on his DD Form 214 for the sole purpose of being considered as a Vietnam veteran. Therefore, his DD Form 214 is correct as constituted.
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.
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