BOARD DATE: 1 October 2015
DOCKET NUMBER: AR20150003638
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 Transfer or Discharge) to show his temporary duty (TDY) to Vietnam.
2. The applicant states, in effect, that his TDY to Vietnam should be reflected on his 1969 DD Form 214.
3. The applicant provides two sets of TDY orders, a letter for "Couriers and Guards," weapons issue, Military Airlift Command (MAC) tickets and manifest, and a health surveillance notice.
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 served on active duty as a commissioned officer from 21 September 1967 through 20 September 1969.
3. The documents provided by the applicant show he received TDY orders to Vietnam to act as a "Courier and Guard for Intra and Inter Theater Shipments" for the period 26 31 January 1968.
4. The applicant's DD Form 214 shows 1 year, 9 months, and 20 days of foreign service. The location of his foreign service is shown as United States Army Ryukyu Islands (USARYIS).
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. As then in effect, block 22c (Foreign Service) was to record the total amount of foreign service completed during the period covered by the DD Form 214. The location of the service member's last period of foreign service was to be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant served on courier duty to Vietnam for 6 days in 1968.
2. There is no provision either now or at the time of the applicant's service to record a period of TDY on a DD Form 214.
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) AR20150003638
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ABCMR Record of Proceedings (cont) AR20150003638
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