IN THE CASE OF

		BOARD DATE:	    13 May 2014

		DOCKET NUMBER:  AR20130015822 


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 item 19 (Indochina or Korea Service Since August 5, 1964) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in:

* Vietnam, from 1962 to 1963
* Vietnam, from 16 August 1965 to 4 July 1966 with the 1st Cavalry Division
* Mayaguez, Puerto Rico, from 24 May 1967 to 13 April 1969, with the U.S. Army Instructor Group (Reserve Officers' Training Corps (ROTC), University of Puerto Rico, College of Agriculture and Mechanical Arts
* Korea, Demilitarized Zone (DMZ) from 13 April 1969 to 1 August 1970 

2.  The applicant also requests a revised DD Form 214 to show all 5 years of exposure to Agent Orange. 

3.  The applicant states it is important that his DD Form 214 reflects his tours of duty with exposure to herbicide, Agent Orange. 

4.  The applicant provides:

* DD Form 214
* Newspaper article
* DA Forms 67-5 (Officer Evaluation Report)
* DA Form 67-6 (U.S. Army Officer Efficiency Report)
* Letter to the Department of Veterans Affairs

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 appointed as a Reserve commissioned officer of the Army and executed an oath of office on 7 June 1959.  

3.  He entered active duty on 16 October 1959.  He served in a variety of stateside or overseas assignments and he attained the rank/grade of major (MAJ). 

4.  His DA Form 66 (Officer Qualification Record) shows he completed the following periods of foreign/overseas service: 

* Vietnam, 29 August 1962 to 20 August 1963
* Vietnam, 16 August 1965 to 4 July 1966
* Puerto Rico, 27 June 1967 to 2 June 1969
* Korea, 8 July 1969 to 2 August 1970
* Germany, from 5 September 1970 to 4 July 1973

5.  He was honorably discharged from active duty on 1 November 1974.  His DD Form 214 shows he completed 15 years and 16 days of active service, of which 7 years, 8 months, and 12 days was foreign service.  Additionally, item 19 contain an "X" in the "Yes" bloc indicating he served in Indochina or Korea since 5 August 1964 and the entry "VIETNAM 16Aug65-4Jul66."

6.  Army Regulation 635-5 (Separation Documents), dated 23 May 1972, prescribed the separation documents that were furnished each individual who is separated from the Army, including active duty for training personnel.  The purpose of the separation document is to provide the individual with documentary evidence of military service.  Chapter 2 provides for the preparation and distribution of the DD Form 214. 

* Item 18 (Record of Service) shows all service, including foreign service in item 18f, minus lost time
* Item 19, for Vietnam service, place an "X" in the "Yes" block and show specific dates of service (see figure 2-1); figure 2-1 shows an example of an "X" in the "Yes" block and the dates 6 January to 21 December 1968
* Item 27 (Remarks) is used for entries authorized by Headquarters, Department of the Army for which a separate block Is not available and to complete entries too long for their respective blocks 

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed multiple overseas/foreign service tours.  However, not all of his foreign service is entered in item 19a of his DD Form 214.  The regulation in effect at the time of his discharge required an entry for Indochina or Korea since 5 August 1964:

	a.  His first tour in Vietnam was from 29 August 1962 to 20 August 1963.  This was prior to 5 August 1964 and would not have been entered in item 19a.  

	b.  His second tour in Vietnam was from 16 August 1965 to 4 July 1966.  This was after 5 August 1964.  Therefore, it is entered in item 19a.

	c.  His service in Puerto Rico from 27 June 1967 to 2 June 1969 occurred after 5 August 1964; however, Puerto Rico is not in Indochina.  Therefore, such service would not have been entered in item 19a.

	d.  His service in Korea from 8 July 1969 to 2 August 1970 occurred after 5 August 1964.  The regulation states for Vietnam service place an "X" in the "Yes" block and show specific dates of service.  The "Yes" block is already checked to indicate he served in Indochina or Korea.  Additionally, for Vietnam service, the dates are listed.  No dates for Korea are required in this block. 

	e.  His service in Germany from 5 September 1970 to 4 July 1973 occurred after 5 August 1964; however, Germany is also not in Indochina.  Therefore, such service would not have been entered in item 19a.

2.  There is no provision in the regulation that governs the preparation of the DD Form 214 to show exposure to Agent Orange.  Medical issues are documented in a Soldier's medical records, not on the DD Form 214. 

3.  The applicant's DD Form 214 was properly prepared and processed and there is no reason to change it as he requests.  

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)                                         AR20130015822





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ABCMR Record of Proceedings (cont)                                         AR20130015822



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