Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130015512
Original file (20130015512 .txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130015512 


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 he served in the Republic of Vietnam (RVN).

2.  He states he was assigned to Company A, U.S. Army Security Agency Field Station (USASAFS), Hakata, U.S. Army Pacific (USARPAC), Japan, and he performed temporary duty (TDY) in Saigon, South Vietnam, in late/early 1971/1972, respectively.

3.  He provides two DD Forms 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 enlisted in the Regular Army on 26 November 1969.  He was honorably discharged on 6 February 1972 for immediate reenlistment.  On 7 February 1972, he reenlisted and he was honorably discharged on 6 August 1977.  He completed a total of 7 years, 8 months, and 11 days of active service.  He was issued DD Forms 214 for both periods of service.

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to:  

* Japan from 14 December 1970 to 12 March 1972 
* Germany from 27 February 1973 to 29 December 1975 

4.  Item 38 (Record of Assignments) of his DA Form 20 shows the effective date, duty military occupational specialty, principal duty, and organization and station or theater of assignment.  The information concerning his assignments after graduating from advanced individual training until his assignment in Germany is listed as follows:

* 22 November 1970, casual, en route to USARPAC
* 31 December 1970, Morse Interceptor, Company A, USASAFS, Hakata, USARPAC
* 6 February 1972, Morse Interceptor, Company A, USASAFS, Hakata, USARPAC
* 12 March 1972, casual, en route to the continental United States
* 14 April 1972, Morse Interceptor, 373d U.S. Army Security Agency Company, Fort Hood, TX
* 26 November 1972, 373d U.S. Army Security Agency Company, Fort Hood, TX
* 19 January 1973, casual, en route to U.S. Army Europe

5.  The applicant's records are void of orders or any type of documentation to verify his assignment and/or TDY in the RVN.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The regulation stated the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It instructed the preparer to:

	a.  indicate in item 30 (Remarks) Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea.  The applicant's DD Form 214 for the ending period 6 February 1972 lists no Vietnam service; and

	b.  list in item 27 (Remarks) the country and date where the last period of overseas service was performed.  The applicant's DD Form 214 for the period 6 August 1977 lists overseas service as "Germany."

DISCUSSION AND CONCLUSIONS:

There is no evidence and the applicant did not provide any to show he was TDY in the RVN in late/early 1971/1972, respectively.  In the absence of evidence to support his claim, the presumption of regularity must be applied.  Therefore, his DD Form 214 appears to be 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 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)                                         AR20130015512



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130015512



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140016051

    Original file (20140016051.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. The applicant contends that his DD Form 214 should be corrected to show three awards of the MUC, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation based on his service with USASAFS Hakata, Japan, from April 1971 to March 1972 and his service with...

  • ARMY | BCMR | CY2009 | 20090018007

    Original file (20090018007.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 7 July 1972 to show his service in Vietnam and all appropriate awards associated with this service. The applicant states that he served in Vietnam from June 1969 to June 1970, but there is no indication of this service on his DD Form 214 or any awards associated with this service. The applicant contends that his DD Form 214 should be corrected to...

  • ARMY | BCMR | CY2014 | 20140016228

    Original file (20140016228.txt) Auto-classification: Approved

    The applicant states his DD Form 214 indicates overseas service but does not show he served in Vietnam. Although it was not until March 1972 that change number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his service in the RVN during the period 7 May 1967 through 3 December 1968 to his DD Form 214. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2009 | 20090013994

    Original file (20090013994.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant's DA Form 20 and MOS orders in his record confirms he was trained in and awarded MOS 70A upon completion of AIT at Fort Dix, in August 1969. In this case, there is no evidence supporting a conclusion a formal hearing is necessary to satisfy the interest of justice.

  • ARMY | BCMR | CY2014 | 20140008777

    Original file (20140008777.txt) Auto-classification: Approved

    The applicant states his DD Form 214 shows his service in the U.S. Army Pacific (USARPAC) and the Vietnam Service Medal (VSM) but does not show the RVN Campaign Medal with Device (1960) that the Department of Veterans Affairs (VA) requires. Army Regulation 600-8-22 (Military Awards) states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961...

  • ARMY | BCMR | CY2011 | 20110020912

    Original file (20110020912.txt) Auto-classification: Denied

    The applicant requests his foreign service in Vietnam be recognized. 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. The applicant states he served a period of TDY in Vietnam and requests his records be corrected to show this service.

  • ARMY | BCMR | CY2011 | 20110019624

    Original file (20110019624.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant provides: * DD Form 214 for the periods ending 1 July 1970 and 2 April 1973 * DA Form 20 (Enlisted Qualification Record) * Letter from the Office of the Chief of Transportation * Letter from a former chief * Extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit) CONSIDERATION OF EVIDENCE: 1. Although the detachment may have sailed out of...

  • ARMY | BCMR | CY2001 | 2001057617C070420

    Original file (2001057617C070420.rtf) Auto-classification: Approved

    The Board also determined that there was no evidence in the available records to show that he was ever assigned to Vietnam or that he had received a second award of the ARCOM. The documents provided by the applicant with his application at this time shows that he received an ARCOM at Fort Hood for the period of 18 July 1977 to 15 October 1978. That all of the Department of the Army records related to this case be corrected by showing that the individual was awarded the ARCOM 1 st OLC and...

  • ARMY | BCMR | CY2014 | 20140015169

    Original file (20140015169.txt) Auto-classification: Approved

    The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) service in Germany from 21 March 1968 through 10 April 1970 and service in Vietnam from 20 January 1969 through 19 January 1970 [1 year]; and b. item 38 (Record of Assignments) service in Germany from 6 April 1968 through 27 November 1968, casual status from 28 November 1968 through 22 January 1969, and service in Vietnam from 23 January 1969 through 19 January 1970 (the date he was released...

  • ARMY | BCMR | CY2010 | 20100009446

    Original file (20100009446.txt) Auto-classification: Approved

    His DA Form 66 (Officer Qualification Record) shows, in Item 17 (Foreign Service), that he served in Vietnam during the period 30 June 1968 through 7 July 1969. As such, it would be appropriate to correct his DD Form 214 for the period ending 25 March 1972 to show the same correct service dates for his first completed tour in Vietnam. Therefore, his DD Form 214 for the period ending 25 March 1972 should be corrected to show he completed his first tour of duty in Vietnam during the period...