IN THE CASE OF:
BOARD DATE: 2 Ju1y 2014
DOCKET NUMBER: AR20130020016
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 foreign service in Vietnam.
2. The applicant states he believes that because he only served in Vietnam for two to three months his foreign service was omitted from his DD Form 214. He contends that he left early because his son was scheduled to be born in September and he was at his expiration term of service (ETS). He served in Vietnam for the period June to August 1965 while assigned to the 17th Cavalry Regiment.
3. The applicant provides no additional evidence.
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 enlisted in the Regular Army on
10 September 1962 for a period of 3 years and he held military occupational specialty 11B (light weapons infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) no foreign service
* item 38 (Record of Assignment) he was assigned to Company B, 1st Battalion, 508th Infantry, Fort Bragg, NC from 25 May 1964 to
13 September 1965
* item 41 (Awards and Decorations) he was awarded the Armed Forces Expeditionary Medal (AFEM) for service in the Dominican Republic
4. His record contains a DA Form 1307 (Individual Jump Record) that shows he completed an administrative/non-tactical jump on 26 June 1965 in the Dominican Republic during the pay period 1 June to 31 August 1965.
5. He was honorably released from active duty on 13 September 1965 and transferred to the U.S. Army Reserve. He completed 3 years and 4 months of net active service with no foreign service.
6. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he was awarded the AFEM for operations in the Dominican Republic which requires 30 day participation in support of a designated operation. Further, during the pay period 1 June through 31 August 1965 he performed an administrative jump in the Dominican Republic. Based on the available record it appears that his only foreign service was in the Dominican Republic.
2. Notwithstanding the applicant's sincerity, the evidence of record does not show he served in Vietnam. His records do not contain orders and he did not provide any corroborating evidence to show he was ever assigned, attached, or TDY to Vietnam. Therefore, there is no basis for granting 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 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) AR20130020016
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ABCMR Record of Proceedings (cont) AR20130020016
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