IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140004621
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 foreign service in Vietnam.
2. The applicant states his service in Vietnam was not added to his DD Form 214. He took cryptographic equipment to Vietnam and was there long enough to collect combat pay. His pay records will confirm he was in Vietnam.
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 was inducted into the Army of the United States on
15 September 1965. He held military occupational specialty 71H (Personnel Specialist) and attained the rank/grade of specialist five/E-5.
3. His military records do not contain and he has not provided his pay records.
4. His DA Form 20 (Enlisted Qualification Record) shows he attended basic combat and advanced individual training at Fort Dix, NJ, between 21 September 1965 and 23 February 1966, when he was placed in a casual status enroute to Hawaii (HI). He was assigned to the U.S. Army Pacific Command (USARPAC) in Hawaii, from 4 March 1966 to 9 September 1967. During the period of this assignment, he served with Headquarters and Service Company, as the company clerk from 4 March 1966 to until 9 September 1967, when he was placed in a casual status enroute to Oakland, CA.
5. He was honorably released from active duty on 9 September 1967. His
DD Form 214 shows he completed 1 year, 11 months, 25 days of net active service, of which 1 year, 6 months, and 5 days were credited as foreign service. His DD Form 214 does not contain any entries referring to Vietnam service.
6. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show he served in Vietnam has been carefully considered and researched.
2. There is no evidence of record and the applicant did not provide any corroborating or supporting official record or documentation placing him in Vietnam.
3. In view of the forgoing, there is an insufficient evidentiary basis for granting 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) AR20140004621
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ABCMR Record of Proceedings (cont) AR20140004621
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