IN THE CASE OF:	  

		BOARD DATE:	  29 April 2014

		DOCKET NUMBER:  AR20130014825 


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 service in Vietnam from May to July 1967
* His assignment as a Howitzer Assistant Gunner to the 6th Cavalry Regiment in Chu Lai
* His Vietnam ribbons

2.  The applicant states nowhere does it show on his DD Form 214 that he was stationed at Chu Lai, Vietnam from May to July 1967.  

3.  The applicant provides 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 6 December 1966. 

3.  His records contain:

	a.  Special Orders (SO) Number 62, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, reassigning him from Fort Knox, KY to Fort Eustis, VA, reporting on or about 12 March 1967 for completion of training in military occupational specialty (MOS) 68G (Airframe Repairman). 

	b.  SO Number 108, issued by Headquarters, U.S. Army Transportation School, Fort Eustis, VA on 5 June 1967, awarding him MOS 68G, effective 7 June 1967. 

	c.  SO Number 109, issued by Headquarters, U.S. Army Transportation School, Fort Eustis, VA, on 6 June 1967 reassigning him from Company E, 2nd School Battalion, Fort Eustis, VA to the 387th Adjutant General Replacement, Fort Riley, KS. 

	d.  SO Number 122, issued by Headquarters, U.S. Army Transportation School, Fort Eustis, VA, on 23 June 1967, further reassigning him to Fort Sill, OK, for completion of training in MOS 15E (Pershing Missile Crewmember).

	e.  SO Number 194, issued by Headquarters, U.S. Army Artillery and Missile Center, Fort Sill, OK, on 25 August 1967 reassigning him to the 6th Armored Cavalry Regiment, Fort Meade, MD on or about 9 September 1967. 

4.  His DA Form 20 (Enlisted Qualification Record) shows:

* he completed basic combat training at Fort Knox, KY, on or about 11 Mach 1967
* he was reassigned on 12 March 1967 to Fort Eustis, VA for completion of advanced individual training in MOS 68G
* he was reassigned to Fort Sill, OK on or about 14 July 1967 for completion of training in MOS 15E

5.  Following completion of training, on or about 25 September 1967, he was reassigned to the Howitzer Battery, 1st Squadron, 6th Armored Cavalry Regiment, Fort Meade, MD.   

6.  On 23 May 1968, he departed Fort Meade, MD, in an absent without leave (AWOL) status and on 7 June 1968, he was dropped from the Army rolls.  He returned to military control on 15 June 1968 in what appears to be Fort Belvoir, VA. 

7.  He departed Fort Belvoir, VA on or about 2 August 1968 enroute to Battery C, 4th Howitzer Battalion, 14th Artillery, Fort Sill, OK. 

8.  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.

9.  He was honorably released from active duty on 16 December 1968.  His DD Form 214 shows he completed 1 year, 11 months, and 22 days of creditable active service.  This form also shows in:

* Item 22f (Foreign and/or Sea Service This Period) the entry "0-0-0" indicating he did not compete any foreign service
* 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)

10.  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 training, the applicant served at Fort Meade, MD and then Fort Sill, OK, as permanent duty stations.  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 or 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.

2.  There is no regulatory requirement to list assignments to specific units during a member's military service on the DD Form 214.  The DA Form 20 is the appropriate form to list specific units (in item 38 (Record of Assignments)).  As such, he is also not entitled to relief for this issue.  

3.  Vietnam-specific ribbons and/or awards are awarded to those who served in Vietnam, not to those who served during the Vietnam era.  Since there is no evidence the applicant served in Vietnam, he is not entitled to any Vietnam-specific awards or decorations. 

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)                                         AR20130014825





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ABCMR Record of Proceedings (cont)                                         AR20130014825



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