IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140019270
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, through his Member of Congress, reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he is a Vietnam-Era veteran.
2. The applicant states according to a letter he received from the Department of Veterans Affairs Board of Veteran Appeals, he was granted service-connection for a condition (fracture) subject to the legal authority governing payment. In effect, he is a Vietnam Era veteran who served during the time frame of the Vietnam War. The statutory definition of a Vietnam Veteran has legal implications in regard to Veterans' benefits.
3. The applicant provides:
* Congressional correspondence
* Previous Record of Proceedings
* VA rating decision
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140002535, on 11 September 2014.
2. The applicant provides his VA rating decision which was not previously considered. Therefore, it is considered new evidence and warrants consideration by the Board.
3. The applicant's records show he enlisted in the Regular Army on 22 August 1974. He completed the training requirements and he was awarded military occupational specialty 76V (Equipment Storage Specialist).
4. His records also show he served in Germany from on or about 10 January 1975 to 11 August 1976. He was assigned to the Area Maintenance and Supply Facility.
5. He was honorably released from active duty on 16 August 1976 and he was transferred to a unit of the U.S. Army Reserve. His DD Form 214 shows he completed 1 year, 11 months, and 25 days of net active service this period, of which 1 year, 7 months, and 7 days was foreign service. This DD Form 214 does not contain a statement indicating he served during the Vietnam Era.
6. On 21 August 1980, he was honorably discharged from the U.S. Army Reserve upon completing his military service obligation.
7. On 18 March 1989, he enlisted in the California Army National Guard (CAARNG). He served through multiple extensions in a variety of assignments and he attained the rank/pay grade of specialist four/E-4.
8. On 1 May 1992, he was ordered to active duty in support of Operation Garden Plot. He was honorably released from active duty to the control of his State ARNG on 9 May 1992. The DD Form 214 documenting this period of service does not contain a statement indicating he served during the Vietnam Era.
9. He was ultimately honorably discharged from the CAARNG on 17 March 1999.
10. On 11 September 2014, the Board granted him partial relief in relation to the awards portion of his application to this Board. The Board denied adding a specific entry on the DD Form 214 to indicate he is a Vietnam Era Veteran.
11. He provides his VA rating decision, dated 28 July 2014. The VA awarded him service-connected disability compensation for various conditions.
12. Army Regulation 635-5 (Separation 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 the preparation of the DD Form 214. It did not provide for an entry naming the era in which a Soldier had served.
13. Title 38, U.S. Code, Section 101, defines the term "Vietnam Era" as the period beginning on 28 February 1961 and ending on 7 May 1975 in the case of a veteran who served in the Republic of Vietnam during that period; and the period beginning on 5 August 1964 and ending on 7 May 1975 in all other cases.
DISCUSSION AND CONCLUSIONS:
The regulation governing the preparation and processing of the DD Form 214 in effect at the time did not provide for an entry documenting the era in which a veteran had served. The applicant should note, however, that the Vietnam era is defined in U.S. Code. The dates of service recorded on his DD Form 214 for the period ending 16 August 1976 should be sufficient to establish that he served during the Vietnam era as defined in U.S. Code. There is no basis for correcting his record to specify that he served during the Vietnam era.
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 to amend the decision of the ABCMR set forth in Docket Number Docket Number AR20140002535, on 11 September 2014.
_______ _ _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) AR20140019270
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ABCMR Record of Proceedings (cont) AR20140019270
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