IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140005090
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 State Report of Transfer or Discharge) to show his foreign service in Vietnam.
2. The applicant states:
a. His service in Vietnam is not noted on his DD Form 214. In February 1970, he received orders to report to Vietnam. At the time of his deployment, the Department of the Army was not aware his time in the service was limited. He was instructed to proceed to Oakland Army Base where he would get his orders changed. That did not happen and he proceeded to Vietnam. In March 1970, about 3 weeks after his arrival in Vietnam, he was reassigned to San Antonio, TX. Then Oakland Army Base issued orders for his reassignment to Fort Sam Houston, TX.
b. Due to his short time in country and change of orders assigning him and attaching him to different units, it appears to have been an oversight or a clerical error.
c. In December 2012, he was refused enrollment in the Department of Veterans Affairs (VA) due to being over the threshold for income. He appealed the decision and was accepted in April 2013. In January 2014, he received two letters from the VA claiming he was enrolled in error and his service in Vietnam could not be verified because it was not noted on his DD Form 214.
3. The applicant provides:
* DD Form 214
* reassignment orders, dated 5 March 1970
* VA documentation
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 3 July 1968. He completed his training and was awarded military occupational specialty 71H (personnel management specialist).
3. Records show:
* he was issued orders to report to Vietnam in July 1969
* he submitted an application for compassionate reassignment
* he was attached to the Casual Detachment at Fort Sam Houston, TX, on 4 August 1969 pending receipt of permanent change of station reassignment orders from the overseas unit
* his compassionate reassignment or deferment from overseas was approved in February 1970
4. He provided Headquarters, U.S. Army Personnel Center, Oakland, CA, Special Orders Number 064, dated 5 March 1970, which show his reassignment was diverted and he was relieved from his Vietnam assignment (not joined). He was reassigned to Brooke Army Medical Center, Fort Sam Houston, Texas.
5. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Headquarters Company, U.S. Army Garrison, Fort Sam Houston, TX, on 8 March 1970. On 2 July 1970, he was honorably released from active duty.
6. His DD Form 214 shows he was awarded the Army Good Conduct Medal and National Defense Service Medal.
7. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows no foreign service.
8. Item 31(Foreign Service) of his DA Form 20 is blank.
9. There is no evidence of record showing he served in Vietnam.
DISCUSSION AND CONCLUSIONS:
Although the applicant contends he served in Vietnam in February/March 1970, there is no evidence of record to support this contention. The reassignment orders provided by the applicant show he was relieved from his Vietnam assignment and was diverted. Therefore, there is insufficient evidence with 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 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) AR20140005090
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ABCMR Record of Proceedings (cont) AR20140005090
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