IN THE CASE OF:	  

		BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130015512 


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 he served in the Republic of Vietnam (RVN).

2.  He states he was assigned to Company A, U.S. Army Security Agency Field Station (USASAFS), Hakata, U.S. Army Pacific (USARPAC), Japan, and he performed temporary duty (TDY) in Saigon, South Vietnam, in late/early 1971/1972, respectively.

3.  He provides two DD Forms 214.

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 enlisted in the Regular Army on 26 November 1969.  He was honorably discharged on 6 February 1972 for immediate reenlistment.  On 7 February 1972, he reenlisted and he was honorably discharged on 6 August 1977.  He completed a total of 7 years, 8 months, and 11 days of active service.  He was issued DD Forms 214 for both periods of service.

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to:  

* Japan from 14 December 1970 to 12 March 1972 
* Germany from 27 February 1973 to 29 December 1975 

4.  Item 38 (Record of Assignments) of his DA Form 20 shows the effective date, duty military occupational specialty, principal duty, and organization and station or theater of assignment.  The information concerning his assignments after graduating from advanced individual training until his assignment in Germany is listed as follows:

* 22 November 1970, casual, en route to USARPAC
* 31 December 1970, Morse Interceptor, Company A, USASAFS, Hakata, USARPAC
* 6 February 1972, Morse Interceptor, Company A, USASAFS, Hakata, USARPAC
* 12 March 1972, casual, en route to the continental United States
* 14 April 1972, Morse Interceptor, 373d U.S. Army Security Agency Company, Fort Hood, TX
* 26 November 1972, 373d U.S. Army Security Agency Company, Fort Hood, TX
* 19 January 1973, casual, en route to U.S. Army Europe

5.  The applicant's records are void of orders or any type of documentation to verify his assignment and/or TDY in the RVN.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The regulation stated the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It instructed the preparer to:

	a.  indicate in item 30 (Remarks) Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea.  The applicant's DD Form 214 for the ending period 6 February 1972 lists no Vietnam service; and

	b.  list in item 27 (Remarks) the country and date where the last period of overseas service was performed.  The applicant's DD Form 214 for the period 6 August 1977 lists overseas service as "Germany."

DISCUSSION AND CONCLUSIONS:

There is no evidence and the applicant did not provide any to show he was TDY in the RVN in late/early 1971/1972, respectively.  In the absence of evidence to support his claim, the presumption of regularity must be applied.  Therefore, his DD Form 214 appears to be correct as constituted.

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 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)                                         AR20130015512



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ABCMR Record of Proceedings (cont)                                         AR20130015512



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