IN THE CASE OF:    

		BOARD DATE:  4 November 2014	  

		DOCKET NUMBER:  AR20140004899 


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 the following:

* correction of Letter Orders (LO) Number 7-116 - to show the initial of "D" instead of "L" for his middle name
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) - to show he served in Zaire, Africa (formerly Belgian Congo)

2.  The applicant states his service in Zaire is not recorded on his DD Form 214. The initial for his middle name on the temporary duty (TDY) orders for Zaire needs to be corrected.  The Zaire service was a classified mission and information pertinent to this service was not credited on his DD Form 214.  He was never issued a copy of the TDY orders when he was sent on the mission, but he was provided military records upon his request which were received on 
13 January 2014.  

3.  The applicant provides copies of LO Number 7-116 and his DD Form 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 13 December 1966.  He was awarded military occupational specialty 11B (light weapons infantryman).  His records contain the following:

* DD Form 398 (Statement of Personal History), dated 13 December 1966, which lists his middle name as "Daniel"
* DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 13 December 1966, which lists his middle name as "Daniel"
* DA Form 20 (Enlisted Qualification Record), dated 16 December 1966, which lists the initial of "D" for his middle name

3.  His records also contain and he provided a copy of LO Number 7-116, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, on 18 July 1967, which placed him in a TDY status for an indefinite period for the purpose of a classified mission with a report date of 8 July 1967.  The orders do not identify the location and duration of the service/mission.  The orders list the initial "L" for his middle name.  Additionally, there are no classified markings on the TDY orders.

4.  He served in Vietnam from 28 February 1968 through 16 September 1968, a period of 7 months.  

5.  He was released from active duty on 5 December 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 2 years, 11 months, and 23 days of net active service.  His DD Form 214 lists in:

* Item 1 (Last Name - First Name – Middle Name) - his middle name as "Daniel"
* Item 22c (Foreign and/or Sea Service) – a credit of 7 months and the entry, "USARPAC (U.S. Army Pacific Command)"

6.  On 25 February 2014, in response to his request, the U.S. Army Human Resources Command issued a DD Form 215 (Correction to DD Form 214, Certificate of Release from Active Duty) correcting the following:

* Item1 – the spelling of his middle name from "Daniel" to "Deneil"
* Item 12 (Last Duty Assignment and Major Command) – to show Company D, 3rd Battalion, 503rd Infantry, USARPAC
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – by deleting the Army Commendation Medal and Vietnam Service Medal and adding the:

* Army Commendation Medal with "V" Device
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated item 22c would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USARPAC."

8.  There were no provisions in Army Regulation 653-5, in effect at the time, for listing TDY status on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  With regard to correction of the applicant's DD Form 214 to show he served in a TDY status in Zaire:

   a.  LO were issued placing him in an indefinite TDY status for the purpose of a classified mission with a report date of 8 July 1967.  The orders do not identify the location and duration of that service.  There is no evidence of record and he provided none to show he served in Zaire during that period.  It is noted the orders contained in his records and the copy he provided are not stamped "Unclassified" which would allow the identification of location and duration of the mission.  

   b.  By regulation, there is no provision for listing TDY status on the DD Form 214.  

   c.  The evidence shows he served in Vietnam from 28 February 1968 through 16 September 1968, a period of 7 months, and his DD Form 214 properly lists this service in item 22c.  There is insufficient evidence he performed any additional foreign service during his period of active duty.

   d.  Therefore, there is no error or injustice and no basis for correction.

2.  With regard to correction of LO Number 7-116 to list the initial "D" for his middle name:

   a.  The evidence shows his middle name begins with the initial "D."  However, the TDY orders are no longer posted or maintained after a Soldier has been released or separated from active duty, whether at the expiration of his term of service, retirement, or discharge.  These documents were not intended to be continued in force and maintained (continually posted) after a Soldier's separation from active duty.  To add or change any entries at this time would serve no useful purpose, and any error on these orders is not the reason his TDY service is not being added to his DD Form 214.
   
   b.  In view of the foregoing, he is not entitled to 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)                                         AR20140004899





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ABCMR Record of Proceedings (cont)                                         AR20140004899



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