IN THE CASE OF:
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130021844
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 November 1966 to show he was assigned to the Special Operations Group and correction of his DD Form 214N for the period ending 19 September 1969 to reflect 1 month and 18 days of foreign service.
2. The applicant states he was assigned to the Special Operations Group from Company "G," 577th Engineer Battalion (Construction), U.S. Army Vietnam, and it should be reflected on his DD Form 214. Additionally, his DD Form 214N for the period ending 19 September 1969 does not reflect his 1 month and 18 days of foreign service.
3. The applicant provides copies of his 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's DD Form 214N for the period ending 19 September 1969 documents his U.S. Navy service. Accordingly, this Board has no authority to alter or change that form. Such changes may be made by the Board for Correction of Naval Records. Therefore, this issue will not be discussed further in this Record of Proceedings.
3. The applicant enlisted in the Regular Army on 14 October 1965 for a period of 3 years and training as a construction and utilities engineer. He completed basic training at Fort Benning, Georgia, and remained at Fort Benning for assignment to the 577th Engineer Battalion (Construction) for on-the-job training.
4. On 7 July 1966, he was transferred to Vietnam with his unit. On 24 August 1966, he was granted emergency leave to return to the United States by the Commander, Company C, 577th Engineer Battalion (Construction).
5. The applicant did not return to Vietnam and was granted a hardship discharge. He was honorably released from active duty on 17 November 1966 due to hardship. He completed 1 year, 1 month, and 4 days of active service with 1 month and 18 days of foreign service. His DD Form 214 for this period shows his last duty assignment as Company C, 577th Engineer Battalion (Construction), U.S. Army Vietnam.
6. A review of his official records shows no evidence of the applicant being assigned to a Special Operations Group.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance for preparation of the DD Form 214. It provided that the DD Form 214 would be prepared to reflect information in effect at the time. Only foreign service performed during the period covered by the DD Form 214 would be entered on this form.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 for the period ending 17 November 1966 should be corrected to show his last unit of assignment as the Special Operations Group was noted and appears to lack merit.
2. The applicant failed to show through the evidence of record and the evidence submitted with his application that he was assigned to a Special Operations Group.
3. In the absence of such evidence, there appears to be no basis to grant his request.
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) AR20130021844
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130021844
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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