IN THE CASE OF:
BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130013428
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 (Report of Separation from Active Duty) to show he served in Vietnam.
2. The applicant states the records do not show he served in Vietnam from 1967 to 1968 and from 1969 to 1970. Since he honorably served in Vietnam, he would like to have proof of it.
3. The applicant provides a copy of his DD Form 214 for the period 30 April 1974 through 14 July 1976.
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 20 July 1967 and he held military occupational specialty 51M (crash rescue). He served in Germany from 10 December 1968 through 30 June 1969. He was released from active duty on 1 July 1969, as an overseas returnee, and was transferred to the U.S. Army Reserve Control Group (Annual Training).
3. Item 22 (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists 1 year, 6 months, and 20 days of foreign service credit in U.S. Army Europe (USAREUR).
4. He enlisted in the Regular Army (RA) on 30 April 1974. He again served in Germany from 28 July 1974 through 12 August 1974. He was honorably discharged on 14 July 1976 for the purpose of immediate reenlistment.
5. Item 27 (Remarks) of his DD Form 214 lists the entry, "Country in which last period of overseas service was performed: Germany."
6. He reenlisted in the RA on 15 July 1976. He further served in Germany from 10 August 1977 through 19 February 1978 (6 months and 10 days). He was honorably discharged on 6 October 1978. He was credited with 6 months and 10 days of foreign service.
7. Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 22c would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USAREUR."
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Germany during his periods of active duty from July 1967 to July 1969, April 1974 to July 1976, and July 1976 to October 1978. There is no evidence of record and he provided none showing he served in Vietnam during any period of his active duty service from 1967 to 1978. Therefore, he is not entitled to correction of any of his DD Forms 214 to show he served in Vietnam.
2. If the applicant has copies of temporary duty orders, travel orders, or any documentation showing he served in Vietnam, he may reapply to the Board.
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) AR20130013428
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130013428
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090003957
The applicant provides, in support of his application, his DA Form 20 (Enlisted Qualification Record), reviewed on 2 June 1970 and audited 30 October 1973; Headquarters, U.S. Army Support Element, Military Region 1 (Vietnam), General Orders Number 148, dated 4 July 1972; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 26 October 1969; and DD Form 214 (Report of Separation from Active Duty) with an effective date of 17 May 1974. The...
ARMY | BCMR | CY2006 | 20060013623C071029
The applicant requests, in effect, that Item 27 (Remarks) and Item 28 (Mailing Address After Separation) of his 30 April 1978 separation document (DD Form 214) be corrected. The applicant states, in effect, that Item 27 of his final DD Form 214 should contain an entry documenting his service in the Republic of Vietnam (RVN) and should include the Korean Defense Service Medal. The evidence of record shows that the applicant served in the RVN from 30 June 1967 through 28 July 1968, and that...
ARMY | BCMR | CY2015 | 20150000134
While in Germany, he was honorably discharged on 1 November 1967 for the purpose of immediate enlistment in the Regular Army. Army Regulation 600-8-22 (Military Awards) states: a. He served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and his DD Form 214 for the period ending 22 May 1969 should be corrected to show this award.
ARMY | BCMR | CY2008 | 20080014350
Application for correction of military records (with supporting documents provided, if any). There are no orders or other evidence in the applicants military service records showing he was awarded the Bronze Star Medal. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2011 | 20110013066
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 13 June 1978 to show the correct periods of foreign service in Vietnam and Korea. The applicant states his DD Form 214 shows he was in Vietnam and Korea at the same time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 27 of his DD Form 214 for the period ending 13 June 1978 the entries...
ARMY | BCMR | CY2010 | 20100007674
He was issued a second DD Form 214 for the enlistment period 30 April 1967 to 12 December 1969 that shows in item 22c his last overseas command was in USAREUR. During the timeframe the applicant served Army Regulation 635-5 provided that a Soldier would be issued a DD Form 214 for each enlistment period and item 22c would show the last overseas command in which a Soldier performed. A later revision of Army Regulation 635-5 directed that the inclusive date of service for duty in the...
ARMY | BCMR | CY2015 | 20150002890
The applicant requests correction of his records to show a 15-month period of service in Panama (August 1973 - November 1974) and again in October 1989. His DA Form 20 covering the period 16 November 1971 through 18 November 1974 shows * foreign service in Panama from 30 September 1973 through an unreadable date (possibly 17 November 1974) * the record of assignments section shows a 30 September 1973 assignment to Company A, 4th Battalion, 20th Infantry in Panama with the next entry being...
ARMY | BCMR | CY2012 | 20120016980
Application for correction of military records (with supporting documents provided, if any). His service record contains no permanent change of station orders, TDY orders, or any other official documents that shows he was ordered to or served in Vietnam from September to December 1966. 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...
ARMY | BCMR | CY2009 | 20090011067
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 January 1973 to show his service in the Republic of Vietnam. Item 11d (Effective Date) shows the entry "26 Aug 69"; c. Item 22 (Statement of Service) shows the following entries: (1) Item 22a(1) (Net Service This Period) shows "3 1 0"; (2) Item 22a(2) (Other Service) shows "0 6 15"; (3) Item 22a(3) (Total) shows "3 7 15"; (4) Item 22b...
ARMY | BCMR | CY2015 | 20150000089
The evidence of record shows the applicant was awarded the Vietnam Service Medal. Additionally, he participated in four campaigns while serving in the Republic of Vietnam; therefore, he is authorized four bronze service stars with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding award of the...