BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130008245
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 and Alaska.
2. The applicant states he served in Vietnam for about 8 months from March 1965 to October 1965.
3. The applicant provides a letter from the U.S. Army Reserve Personnel Center, St. Louis, MO, and his DD Form 214.
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 inducted into the Army of the United States on 8 November 1963 and he held military occupational specialty 57A (Laundry Specialist).
3. He was assigned to Company A, 266th Quartermaster Battalion, Fort Lewis, WA, from on or about 23 May 1964 to on or about 5 July 1965. He was then assigned to the 624th Quartermaster Company, Fort Campbell, KY, on or about 6 July1965.
4. He served in Vietnam from on or about 27 August 1965 to on or about 16 October 1965 while assigned to the 624th Quartermaster Company.
5. He was honorably released from active duty on 19 October 1965 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
6. His DD Form 214 did not specifically list his Vietnam service in item 32 (Remarks); however, item 24c (Foreign and/or Sea Service) credited him with 2 months and 12 days of foreign service in the U.S. Army Pacific.
7. On 8 May 1990, he petitioned the Board for correction of his records to show his Vietnam and Alaska service.
8. On 14 January 1991, the U.S. Army Reserve Personnel Center administratively issued him a DD Form 215 (Correction to DD Form 214) adding his Vietnam Service from 5 August 1965 (date of departure from the continental United States en route to Vietnam) to 15 October 1965 (date prior to departure from Vietnam en route to the continental United States).
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 24c of the version in effect at the time listed the total foreign service completed outside the continental United States during the period covered by the DD Form 214 and identified the major command.
DISCUSSION AND CONCLUSIONS:
1. With respect to his Vietnam service, the applicant was previously issued a DD Form 215 that added his Vietnam service from 5 August 1965 to 15 October 1965. He was provided with a copy of this form by separate correspondence.
2. With respect to his service in Alaska, there is no evidence in his records and he provides none to show he served in Alaska. In the absence of additional documentary evidence that confirms his exact dates of arrival in and departure from Alaska and the reason for this service (temporary duty/permanent change of station), there is insufficient evidence to credit him with foreign service in Alaska.
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 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) AR20130008245
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ABCMR Record of Proceedings (cont) AR20130008245
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