Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140007643
Original file (20140007643.txt) Auto-classification: Denied

		IN THE CASE OF:    

		BOARD DATE:  13 January 2015  	  

		DOCKET NUMBER:  AR20140007643 


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 (Report of Separation from Active Duty) to show his foreign service.

2.  The applicant states he served in Vietnam from January to September 1971, but the information was not recorded on his DD Form 214.

3.  The applicant provides a 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 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 enlisted in the Regular Army on 28 May 1970.

3.  His DA Form 20 (Enlisted Qualification Record), which appears to be a partially reconstructed version, does not show service in Vietnam.

4.  His available military records include a Standard Form 509 (Clinical Record/Doctor's Progress Notes) that shows he was examined on 14 January 1971 by the 152nd Medical Detachment (Mobile Army) (Dispensary), APO  96492 (Vietnam).

5.  He was discharged under other than honorable conditions on 21 March 1973. 
His DD Form 214 does not show any foreign service in item 22c (Foreign and/or Sea Service) or awards authorized for service in Vietnam, such as the Vietnam Service Medal.

6.  Aside from the previously-mentioned Standard Form 509, there is no evidence in the applicant's available records indicating the specific dates of his service in Vietnam.

7.  The applicant's Army Discharge Review Board (ADRB) Case Report and Directive, dated 14 July 1978, states:  "Applicant's files are incomplete.  It appears he served in VN [Vietnam], was awarded CIB [Combat Infantryman Badge].  He once attained the grade of E-4.  Presume he successfully completed BCT [basic combat training], AIT [advanced individual training] and tour in VN.…Under SDRP [Special Discharge Review Program] the ADRB considered VN service plus probable 24 months of satisfactory service…"  The ADRB voted to upgrade his character of service to general under honorable conditions.

8.  On or around 14 July 1978, the applicant's DD Form 214 was re-issued upgrading his character of service to under honorable conditions under the Department of Defense SDRP.

9.  Army Regulation 635-5 (Separations Documents), in effect 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 established standardized policy for preparation of the DD Form 214.  Instructions for item 22c stated to enter total active duty performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which the service was performed (e.g., "Foreign and/or Sea Service (U.S. Army Pacific (USARPAC))."

10.  Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-2c, states the ABCMR will decide cases on the evidence of record.  It is not an investigative agency.  Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to reflect his service Vietnam.

2.  His complete military records are not available for review, specifically, documentation pertaining to his service in Vietnam.  His available military records include a Standard Form 509 that indicates he was in Vietnam on 14 January 1971.  However, aside from this document, there is no evidence, such as entries on his DA Form 20 or reassignment orders, indicating the dates of his service in Vietnam.  Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show his service in Vietnam.

3.  Based on the foregoing evidence, there is no basis to grant the applicant's requested relief at this time.

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)                                         AR20140007643



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140007643



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110006754

    Original file (20110006754.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 25 November 1970 through 24 November 1971, a period of 1 year. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 22c of the applicant's DD Form 214 the entry "0 8 1" and replacing it with...

  • ARMY | BCMR | CY2009 | 20090017204

    Original file (20090017204.txt) Auto-classification: Denied

    The applicant contends that his DD Form 214 should be corrected to show he served in Vietnam. The evidence of record shows that subsequent to completion of his MOS training, the applicant was assigned to Fort Lewis, WA, where he remained until he was honorably released from active duty on 20 August 1971. Notwithstanding the applicant's sincerity, in the absence of documentary evidence that shows he served in Vietnam, there is insufficient evidence to grant him relief in this case.

  • ARMY | BCMR | CY2014 | 20140005486

    Original file (20140005486.txt) Auto-classification: Approved

    The applicant requests issuance of a DD Form 215 (Correction to DD Form 214) correcting item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his period of service in Vietnam. He states the entry for Vietnam service on his DD Form 214 shows "None," yet the form clearly shows he was awarded the Vietnam Service Medal (VSM) and Republic of Vietnam (RVN) Campaign Medal with Device (1960). ABCMR Record of Proceedings (cont)...

  • ARMY | BCMR | CY2013 | 20130019465

    Original file (20130019465.txt) Auto-classification: Approved

    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 Korea. The available evidence shows he served in Korea from 17 November 1970 through 23 December 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding award of the KDSM to his DD Form 214 and b. adding the statement "SERVICE IN KOREA: YES" to item 30 of his DD Form 214.

  • ARMY | BCMR | CY2011 | 20110007919

    Original file (20110007919.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 August 1971 to show: * award of the Army Commendation Medal (ARCOM) * all service awards to which he is entitled * his service in the Republic of Vietnam (RVN) 2. He provided general orders showing he was awarded the ARCOM while assigned to Company A, 7th Engineer Battalion for the period September 1970 through August 1971. As a result, the Board...

  • ARMY | BCMR | CY2012 | 20120002956

    Original file (20120002956.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show his correct period of service in Vietnam. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service): Vietnam from 7 January 1970 to 20 February 1971; and b. item 38 (Record of Assignments): (1) he was assigned to the 403rd Transportation Company, U.S. Army, Pacific (USARPAC), from 12 January 1970...

  • ARMY | BCMR | CY2012 | 20120009096

    Original file (20120009096.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. Since his inclusive dates of service in Korea are not available, there is insufficient evidence on which to amend the entry in item 22c of his DD Form 214 but item 30 should be corrected to show he served in Korea. However, there is no evidence...

  • ARMY | BCMR | CY2006 | 20060003491C070205

    Original file (20060003491C070205.doc) Auto-classification: Approved

    This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Orders show the applicant arrived in Vietnam on 21 July 1971 and departed Vietnam on or about 20 March 1972, a total of 8 months. Also, item 30 should be corrected to show his dates of service in Vietnam.

  • ARMY | BCMR | CY2012 | 20120022843

    Original file (20120022843.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. ...

  • ARMY | BCMR | CY2012 | 20120021568

    Original file (20120021568.txt) Auto-classification: Approved

    The applicant provides: * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 22 October 2012 * Army Board for Correction of Military Records (ABCMR) decision memorandum, dated 20 July 2012, and Record of Proceedings, dated 12 July 2012 * Special Orders Number 25, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 25 January 1969 * Special Orders Number 69, issued by Headquarters, 9th Infantry Division, dated 10 March 1969 *...