IN THE CASE OF:
BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140002361
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 service in Vietnam.
2. The applicant states he was on temporary duty with the U.S. Military Assistance Command in Vietnam from December 1966 to July 1967.
3. The applicant provides his DD Form 214 and a self-authored statement.
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 enlisted in the Regular Army on
11 September 1964.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 31 (Foreign Service) he served in the Dominican Republic from
3 May 1965 to 22 July 1966.
b. Item 38 (Record of Assignments) he was assigned to C Company, 2d Battalion, 504th Infantry Regiment, with duty at:
(1) Dominican Republic during the period 13 February 1965 to 21 July 1966; and
(2) Fort Bragg, North Carolina during the period 22 July 1966 to
7 September 1967.
4. On 8 September 1967, he was honorably released from active duty after serving 2 years, 11 months, and 28 days during this period of active service. His DD Form 214 shows in item 22c (Foreign and/or Sea Service) he served in the U.S. Army Caribbean for 1 year, 2 months, and 19 days.
5. 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.
DISCUSSION AND CONCLUSIONS:
Although the applicant contends he completed 7 months of foreign service in Vietnam, there is insufficient evidence to support his claim. Therefore, there is 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) AR20140002361
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140002361
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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