IN THE CASE OF:
BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140004119
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 item 30 (Remarks) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show foreign service in Vietnam for 13 months instead of service in Thailand from 15 October 1966 to 28 September 1967.
2. The applicant states:
* his recorded foreign service is incorrect
* after he completed jump school in Georgia he was sent to San Francisco (SF) for 3 weeks before he was sent to Saigon
* he was stationed in Vietnam for 13 months and the only time he spent in Thailand was 2 weeks for rest and recuperation
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* letter from the National Personnel Records Center (NPRC), dated 5 February 2014
* DD Form 47 (Record of Induction)
* DA Form 20 (Enlisted Qualification Record)
* U.S. Army Reserve Letter Orders Number 02-1083339, dated 23 February 1972
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 was inducted into the Army of the United States on 7 March 1966.
3. His DA Form 20 shows in:
* item 31 (Foreign Service) U.S. Army Pacific (USARPAC), Thailand from 15 October 1966 through 28 September 1967
* item 38 (Record of Assignments) Company A, 809th Engineer Battalion (Construction) from 17 October 1966 through 28 September 1967
4. Headquarters, U.S. Army Quartermaster Center and Fort Lee Special Orders Number 212, dated 30 September 1966, directed the applicant's assignment to Headquarters and Headquarters Company, 44th Engineer Battalion (Construction), Army Post Office (APO) SF 96233, with a reporting month of October 1966.
5. Headquarters, 44th Engineer Group (Construction), APO SF 96233, Special Orders Number 160, dated 17 October 1966, assigned the applicant to the 809th Engineer Battalion (Construction), APO 96232.
6. Company A, 809th Engineer Battalion (Construction), APO SF 96232, Unit Orders Number 42, dated 31 October 1966, show the applicant was promoted to the rank/grade of private first class/E-3 while assigned to the unit.
7. A DA Form 348 (Equipment Operator's Qualification Record), dated 30 January 1967, shows his qualifications were obtained in the APO 96389 service area.
8. Headquarters, 809th Engineer Battalion (Construction), APO SF 96389, Special Orders Number 183, dated 12 August 1967, directed the applicant's reassignment to Headquarters and Headquarters Company, Quartermaster School Brigade, Fort Lee, VA, effective September 1967.
9. Historical APO records show the following APO locations:
* APO 96233 Korat, Thailand
* APO 96232 Camp Charn Sinthope, Thailand and Sattahip, Thailand
* APO 96389 Panom, Thailand
10. On 6 March 1968, the applicant was honorably released from active duty. His DD Form 214 shows he completed 11 months and 14 days of foreign service in USARPAC.
11. On 27 March 1975, a DD Form 215 was issued amending item 30 (Remarks) of his DD Form 214 to show his service in Thailand from 15 October 1966 to 18 September 1967.
12. His record is void of and he fails to provide evidence showing he was assigned in Vietnam.
13. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. Instructions stated to enter the total period of active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed, e.g., "USARPAC" in item 22c. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30 (Remarks) as follows: "Vietnam Service: (from date to date)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show foreign service in Vietnam was carefully considered.
2. The evidence of record shows his foreign service was performed in Thailand. His records are void of and he failed to provide orders or other documentation verifying and confirming any foreign service in Vietnam. Therefore, there is an insufficient basis upon which to grant the 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) AR20140004119
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ABCMR Record of Proceedings (cont) AR20140004119
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