IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150005110 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 Vietnam. 2. The applicant states he served in Vietnam from 25 through 31 January 1968. This was omitted from his records. He was denied placement on the Agent Orange Registry because his DD Form 214 did not show he served in Vietnam. 3. The applicant provides copies of the following: * Letter of Identification, Couriers and Guards for Intra and Inter Theater Shipments * Page 3 of his DA Form 20 (Enlisted Qualification Record) * DD Form 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 the cases 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. 2. The applicant was inducted into the Army of the United States on 15 August 1966. He held military occupational specialties 76A (supply clerk) and 76V (equipment storage specialist). 3. His DA Form 20 shows in: * Item 31 (Foreign Service) – he served on Okinawa, U.S. Army Pacific (USARPAC), from 26 January 1967 through 25 July 1968 * Item 38 (Record of Assignments) – he was assigned to the 340th Supply Company (Repair Parts) from 28 January 1967 through 21 July 1968 4. He was honorably released from active duty on 26 July 1968 and was transferred to the U.S. Army Reserve Control Group. He was credited with completing 1 year, 11 months, and 12 days of total active service. His DD Form 214 lists in: * Item 22c (Foreign and/or Sea Service) – 1 year and 6 months and no entry for USARPAC * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the National Defense Service Medal and Army Good Conduct Medal 5. He provided a Letter of Identification, Couriers and Guards for Intra and Inter Theater Shipments, for the period 25 through 31 January 1968, showing he performed in a courier or guard function in connection with military property; the letter does not indicate these functions involved travel to Vietnam during this period. 6. 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., "USARPAC" * Item 30 – for service in Vietnam only, it would list Vietnam dates of service DISCUSSION AND CONCLUSIONS: 1. The evidence confirms the applicant served on Okinawa from 26 January 1967 through 25 July 1968, a period of 1 year and 6 months. A Letter of Identification, Couriers and Guards for Intra and Inter Theater Shipments, shows he performed the functions of a courier or guard for military property from 25 through 31 January 1968. The letter does not confirm he performed these functions in Vietnam during this time. 2. He did not provide sufficient evidence and there is no documentary or other evidence in his service personnel record to indicate or show that he served in Vietnam on a temporary duty (TDY) or other basis during his period of active duty between August 1966 and July 1968. 3. If he has copies of unit morning reports showing his arrival and departure dates for Vietnam, TDY orders, travel orders, or any documentation showing he actually 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) AR20150005110 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005110 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1