IN THE CASE OF:	  

		BOARD DATE:	  23 July 2013

		DOCKET NUMBER:  AR20130000523 


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, through his Member of Congress, correction of his records to indicate he is alive and not deceased and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his service during the Vietnam War.

2.  The applicant states that during his military service he was part of the Special Forces unit that spent time in Korea and Vietnam during the Vietnam War.  He adds that the Department of the Army declared him deceased in June 1967.  He is alive.  A few years later, he enlisted in the U.S. Navy and served for approximately 10 years.  During his Army service, he was awarded and permitted to wear all his awards.  Due to his health problems, he applied to the Department of Veterans Affairs for service-connected disability benefits.  However, he experienced difficulty during the process in obtaining his Army service records.  He believes his records may be sealed.  He cannot substantiate his claim until there is an available record confirming his time in Vietnam.  He requests the Army record be corrected to show he is alive and reflect his service during the Vietnam War.  

3.  The applicant provides congressional correspondence. 

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 3 February 1966.  He completed basic combat training at Fort Bliss, TX, on or around 9 April 1966 and he completed advanced individual training at Redstone Arsenal, AL, on or about 28 October 1966.  He was awarded and he held military occupational specialty (MOS) 22M (Nike Missile Repairman).  

3.  Subsequent to completing his MOS training, he was reassigned to the 65th Ordnance Company, Korea, U.S. Army Pacific (USARPAC) from 17 November 1966 to on or about 14 December 1967.  

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 17 November 1966 to on or about 16 December 1967.  

5.  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.

6.  He was honorably released from active duty on 15 December 1967.  The DD Form 214 he was issued shows he completed 1 year, 10 months, and 12 days of total active service.  This form also shows in:

* item 22c (Foreign and/or Sea Service this Period) he completed 1 year and 29 days of foreign service in USARPAC
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) no Vietnam service-related awards

7.  He authenticated his DD Form 214 with his signature on 15 December 1967.  It is unclear what his status was after his release from active duty.  His Army service record is not sealed and there is no indication he was reported as a casualty.  His service record does not contain a DD Form 1300 (Report of Casualty)

8.  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 separated due to discharge, release from active duty, or retirement 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 and advanced training, the applicant served in Korea from 17 November 1966 to on or about 14 December 1967 as a permanent duty station. 

2.  There is no evidence in his service records and he did not provide any substantiating evidence, that shows 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 morning reports; regretfully, there is insufficient evidence to grant the applicant's requested relief.

3.  As for his status (deceased versus alive), there is no indication in his records that he was reported "deceased."  When a Soldier is deceased or is killed, a    DD Form 214 is not issued.  Here, the applicant contends he was reported deceased in June 1967 but he signed his DD Form 214 in December 1967.  In the absence of a military casualty report that shows he was erroneously reported deceased, there is insufficient evidence to make the requested correction.

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)                                         AR20130000523





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ABCMR Record of Proceedings (cont)                                         AR20130000523



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