IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140015116
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam (RVN) and the awards and decorations he is entitled to receive for that service.
2. He states he was stationed in the RVN and his foreign service and awards for that service are not listed on his DD Form 214.
3. He provides 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 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 11 December 1968. He was trained in and awarded primary military occupational specialty 95B (Military Police (MP)).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* Item 31 (Foreign Service), no entry
* Item 38 (Record of Assignments)
* 11 December 1968, Company B, U.S. Army Recruiting Station, Fort Jackson, S.C.
* 8 January 1968, Basic Combat Training, U.S. Army School/Training Center (USATC), Fort Gordon, GA
* 13 March 1969, MP Advanced Individual Training, Company D,
10th Battalion, 4th Training Brigade, USATC, Fort Gordon, GA
* 25 April 1969, casual, enroute to Fort Bliss, TX
* 5 May 1969, 591st MP Company, Fort Bliss, TX
* 10 December 1970, released from active duty and transferred to the U.S. Army Reserve
4. On 10 December 1970, he was honorably discharged and credited with completing 2 years of active duty service. His DD Form 214 shows in:
* Item 22c (Foreign and/or Sea Service), "00 00 00" indicating no foreign service
* Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), no RVN awards
* Item 30 (Remarks), no entry indicating he served in the RVN
5. The applicant's record is void of orders or any type of documentation to verify his assignment in the RVN.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The regulation stated the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It instructed the preparer to indicate in item 30 Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea.
DISCUSSION AND CONCLUSIONS:
There is no evidence to support the applicant's contention that he served in the RVN. In fact, the evidence suggests that after completing his initial entry training at Fort Gordon, GA, he was reassigned to Fort Bliss, TX where he spent the remainder of his period of active duty service. Therefore, his DD Form 214 appears to be correct as constituted.
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) AR20140015116
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ABCMR Record of Proceedings (cont) AR20140015116
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