IN THE CASE OF:
BOARD DATE: 25 June 2014
DOCKET NUMBER: AR20130018732
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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM), to show his service in Vietnam.
2. The applicant states the FSM served overseas for a period of 1 year and 4 months, mainly in Vietnam.
3. The applicant provides the FSM's DD Form 214, his death certificate, and their marriage certificate.
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 FSM was inducted into the Army of the United States and entered active duty on 18 November 1970. He completed basic combat training at Fort Lewis, WA, and advanced individual training at Fort Leonard Wood, MO, and he was awarded military occupational specialty 12B (Combat Engineer) on or about 10 April 1971.
3. His records show he departed Fort Leonard Wood, MO, in a casual status on 10 April 1971, enroute to the U.S. Army Europe (USAREUR). He arrived in Germany on or about 6 May 1971.
4. On 10 May 1971, he was assigned to Company D, 78th Engineer Battalion, Rheinland Kaserne, Ettlingen, Germany.
5. On 12 June 1972, Headquarters, VII Corps Support Command, Germany, published Special Orders Number 164 ordering his reassignment to the U.S. Army Transfer Station, Fort Dix, NJ for separation out processing on or about 14 September 1972.
6. On 17 August 1972, he underwent a separation physical at the U.S. Army Dispensary, Rheinland Kaserne. Additionally, during August 1972, he out processed his unit in Germany.
7. On 11 September 1972, he departed Germany enroute to the continental United States (CONUS), for separation.
8. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) lists his service in USAREUR-Germany from 6 May 1971 to 8 September 1972. Additionally, item 38 (Record of Assignments) shows he served with the 78th Engineer Battalion in Germany.
9. 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.
10. He was honorably released from active duty on 13 September 1972. His DD Form 214 shows he completed 1 year, 9 months, and 26 days of creditable active service. This form also shows in:
* Item 22f (Foreign and/or Sea Service This Period) the entry "1-4-7" indicating he completed 1 year, 4 months, and 7 days of foreign service
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) no Vietnam service-related awards
* item 30 (Remarks) shows, in pertinent part, a continuation to item 22c by listing the major overseas theater or command as USAREUR
11. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It 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:
The evidence of record shows, subsequent to completing basic and advanced individual training, the FSM served in Germany with the 78th Engineer Battalion. There is no evidence in his service records and the applicant did not provide any substantiating evidence that he served in Vietnam. In the absence of PCS or TDY orders; 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.
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) AR20130018732
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ABCMR Record of Proceedings (cont) AR20130018732
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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