IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20140018138
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 his service in Vietnam.
2. The applicant states his service in Vietnam with the 320th Artillery, 82nd Airborne Division, is not listed on his DD Form 214.
3. The applicant provides:
* DD Form 47 (Induction Record)
* 3AA Form (Acknowledgement of Service Obligation)
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214
* Discharge orders from the U.S. Army Reserve (USAR)
* Immunization Record
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's records show he was inducted into the Army of the United States on 4 May 1966 and he held military occupational specialty (MOS) 13A (Field Artillery Basic).
3. His DA Form 20 shows following completion of MOS training at Fort Sill, OK. He was reassigned to Fort Benning, GA, where he completed the Basic Airborne Course in early October 1966. Following completion of airborne school, he was assigned to B Battery, 1st Battalion, 319th Artillery, Fort Bragg, NC, on or around 14 October 1966.
4. Special Orders Number 239, issued by Headquarters, 82nd Airborne Division, Fort Bragg on 28 September 1967, advanced him to specialist four/E-4.
5. Special Orders Number 85, issued by Headquarters, 82nd Airborne Division, Fort Bragg on 22 April 1968, ordered his separation from active duty effective 24 April 1968. The orders listed Fort Bragg as his last permanent duty station.
6. On 24 April 1968, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligations. His DD Form 214 shows in:
* Item 11c (Reason and Authority), in part "Overseas Returnee"
* Item 12 (Last Duty Assignment and Major Command), 82nd Replacement Company
* Item 22c (Foreign and/or Sea Service), the entry "U.S. Army Pacific (USARPAC)" and 2 months of foreign service
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) no Vietnam-specific awards
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It stated that item 22f shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., USAREUR (U.S. Army Europe).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served on active duty from 4 May 1966 to 24 April 1968. Following completion of MOS training and airborne training, he was assigned to Fort Bragg, NC where he remained until his separation in April 1968.
2. His DD Form 214 shows he completed 2 months of foreign service in USARPAC and he was separated as an overseas returnee. However, it is unclear whether he served in Thailand, Korea, Vietnam, or Hawaii for those 2 months. Nothing in his service record places him in Vietnam
3. Aside from the entry on his DD Form 214 pertaining to him being an overseas returnee from USARPAC, there is no evidence in his service records and he did not provide any substantiating evidence that shows he served in Vietnam. In the absence of permanent change of station or temporary duty (TDY) orders or other official documents, such as TDY settlement vouchers or leave and earnings statements showing receipt of hazardous duty pay, confirming his service in Vietnam and the exact dates of such service, regretfully, there is insufficient evidence upon which to grant the applicant's 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) AR20140018138
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ABCMR Record of Proceedings (cont) AR20140018138
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