IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140002354
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 completed 1 year and 2 months of foreign service instead of 1 year of foreign service in Vietnam.
2. The applicant states he:
* served in the Vietnam from August 1969 to October 1970 vice 14 October 1969 to 14 October 1970
* was assigned to the 1st Infantry Division from August 1969 to March 1970
* was assigned to the 513th Engineer Company from March 1970 to
14 October 1970
3. The applicant provides:
* his DD Form 214
* Orders
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 record shows that he was inducted into the Army of the United States on 13 March 1969.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 31 (Foreign Service), he served in Vietnam from 14 October 1969 to 13 October 1970.
b. Item 38 (Record of Assignments):
(1) on 26 September 1969, he was en route to Vietnam;
(2) on 14 April 1970, he was assigned to the 513th Engineer Company in Vietnam; and
(3) on 15 October 1970, he was released from active duty and transferred to the U.S. Army Reserve.
4. He submitted and his record contains:
a. Special Orders Number 74, issued by Headquarters, 1st Infantry Division, APO San Francisco, dated 15 March 1970, which show he was promoted to specialist five.
b. Special Orders Number 200, issued by the 589th Engineer Battalion (Construction), dated 13 August 1970, which show he was reassigned from the 513th Engineer Company to the U.S. Transfer Station, Fort Lewis, WA, effective
14 October 1970.
c. General Order Number 031, issued by Headquarters, 18th Engineer Brigade, dated 15 September 1970, which shows he was awarded the Army Commendation Medal with Oak Leaf Cluster for his service in Vietnam from October 1969 to October 1970.
5. On 15 October 1970, the applicant was honorably released from active duty after serving 1 year, 7 months, and 3 days during this period of active service. His DD Form 214 shows in:
* item 22c, he served in the U.S. Army Pacific for 1 year
* item 30 (Remarks), he served in Vietnam from 14 October 1969 to
14 October 1970
6. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate.
7. Interim Change Number 15 to Army Regulations 635-5, authorized the entry of the country and inclusive dates of foreign service in item 30 (Remarks).
DISCUSSION AND CONCLUSIONS:
Although the applicant contends he completed 1 year and 2 months of foreign service in Vietnam, there is insufficient evidence to support his claim. Therefore, there is an insufficient evidentiary 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) AR20140002354
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ABCMR Record of Proceedings (cont) AR20140002354
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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