IN THE CASE OF: BOARD DATE: 25 March 2014 DOCKET NUMBER: AR20130013428 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 Separation from Active Duty) to show he served in Vietnam. 2. The applicant states the records do not show he served in Vietnam from 1967 to 1968 and from 1969 to 1970. Since he honorably served in Vietnam, he would like to have proof of it. 3. The applicant provides a copy of his DD Form 214 for the period 30 April 1974 through 14 July 1976. 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 20 July 1967 and he held military occupational specialty 51M (crash rescue). He served in Germany from 10 December 1968 through 30 June 1969. He was released from active duty on 1 July 1969, as an overseas returnee, and was transferred to the U.S. Army Reserve Control Group (Annual Training). 3. Item 22 (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists 1 year, 6 months, and 20 days of foreign service credit in U.S. Army Europe (USAREUR). 4. He enlisted in the Regular Army (RA) on 30 April 1974. He again served in Germany from 28 July 1974 through 12 August 1974. He was honorably discharged on 14 July 1976 for the purpose of immediate reenlistment. 5. Item 27 (Remarks) of his DD Form 214 lists the entry, "Country in which last period of overseas service was performed: Germany." 6. He reenlisted in the RA on 15 July 1976. He further served in Germany from 10 August 1977 through 19 February 1978 (6 months and 10 days). He was honorably discharged on 6 October 1978. He was credited with 6 months and 10 days of foreign service. 7. Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 22c would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USAREUR." DISCUSSION AND CONCLUSIONS: 1. The applicant served in Germany during his periods of active duty from July 1967 to July 1969, April 1974 to July 1976, and July 1976 to October 1978. There is no evidence of record and he provided none showing he served in Vietnam during any period of his active duty service from 1967 to 1978. Therefore, he is not entitled to correction of any of his DD Forms 214 to show he served in Vietnam. 2. If the applicant has copies of temporary duty orders, travel orders, or any documentation showing he served in Vietnam, he may reapply to the Board. 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) AR20130013428 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130013428 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1