IN THE CASE OF:
BOARD DATE: 1 October 2015
DOCKET NUMBER: AR20150003144
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) by showing he served in the Republic of Vietnam (RVN).
2. The applicant states he recently found a copy of his temporary duty (TDY) orders that show he was ordered to go to Saigon, RVN for a 10-day period in connection with aviation activities.
3. The applicant provides copies of:
* DD Form 214
* Letter Orders Number T-438, 9th Logistical Command, dated 21 April 1966
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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The applicants DD Form 214 shows he entered the Regular Army on
8 August 1963. He served overseas in the United States Army Pacific (USARPAC) for a period of 1 year and 4 months.
4. The Letter orders provided by the applicant were published by the 9th Logistical Command, then located in Korat, Thailand. They indicate that he was placed on TDY for a period of 10 days in Saigon, RVN with a will proceed date of on or about 24 April 1966.
5. The applicants DD Form 214 shows he was released from active duty on
5 August 1966 and transferred to the United States Army Reserve.
6. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the
DD Form 214. It provided that all active duty performed outside of the continental United States for the period covered was to be entered in Item 24c (Foreign and/or Sea Service) and to show the last overseas theater in which that service was performed.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his 10-day period of TDY in the RVN.
2. The available evidence shows that the applicant served in USARPAC for a period of 1 year and 4 months. The orders he provided were published by an organization that was in Thailand at the time, indicating that is where he was assigned. Because both the RVN and Thailand were in the same overseas theater, no distinction between the two locations is shown on the DD Form 214. Further, there was no provision for showing individual countries of assignment.
3. There is no apparent error or injustice in this case.
4. In view of the above, the applicants request should be denied.
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) AR20150003144
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ABCMR Record of Proceedings (cont) AR20150003144
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