IN THE CASE OF: BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150007195 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 (Certificate of Release or Discharge from Active Duty) to show he served at Vung Ro Bay Port in Vietnam from 14 August 1969 to 18 September 1970. 2. The applicant states he was sent to Vietnam in 1968 and he was assigned to 845th Transportation Company, Vietnam, U.S. Army Pacific (USAPAC). He was trained in duty military occupational specialty (MOS) 57H (Cargo Specialist) and his unit was assisted or protected by the Republic of Korea White Horse Unit whenever they came under fire. His principal duty was stevedore foreman. He performed his duties of unloading bombs from vessels (Navy Cargo Ships) at Vung Ro Bay port and at times participated as the escort for the cargo trucks to Air Base Tuy Hoa by way of armored trucks. He wants his DD Form 214 to show in print that he was on duty between 14 August 1969 and 18 September 1970 at Vung Ro Bay Port. 3. The applicant provides: * Department of Veterans Affairs (VA) letter * DD Form 214, ending on 31 May 1989 * Page 3 of his 4-page DA From 2-1 (Personnel Qualification Record) * Request Pertaining to Military Records * Medical opinion request * Agent Orange Registry Program Handbook 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 12 April 1962 and he was discharged on 15 June 1962 to enlist in the Regular Army (RA). He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that captured this period of active service. 3. He enlisted in the RA on 16 June 1962. He was discharged on 29 March 1964 and he was issued a DD Form 214 that captured this period of active service. 4. He reenlisted in the RA on 30 March 1964 and served in Germany from November 1964 to May 1966. He was discharged on 24 November 1966 and he was issued a DD Form 214 that captured this period of active service. 5. He reenlisted in the RA on 25 November 1966. He served in Thailand and on Okinawa. He later served in Vietnam from 9 August 1969 to 8 August 1970 (1 year), where he was assigned to 854th Transportation Company 6. He was honorably discharged on 30 August 1972. He was issued a DD Form 214 that captured his active service. An entry in item 30 (Remarks) of his DD Form 214 documents Vietnam service from 9 August 1969 to 8 August 1970. 7. He reenlisted on 31 August 1972. He served in Germany from November 1975 to November 1977. He was discharged on 18 June 1978 and he was issued a DD Form 214 for this period of active service. Item 19 (Indochina or Korea service since August 5, 1964) of this DD Form 214 shows an “x” is checked in the “yes” block for Vietnam service and the specific dates are shown as “690809 to 700808.” 8. He reenlisted on 19 June 1978 and again on 19 April 1984. He served in Germany from June 1979 to June 1981 and from January 1985 to January 1987. He was honorably retired on 31 May 1989 and placed on the retired list on 1 June 1989. His retirement DD Form 214 credited him with: * 10 years, 11 months, and 15 days of active service * 16 years, 2 months, and 7 days of prior active service * 4 years of foreign service 9. Army Regulation 635-5 (Separation Documents) established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The regulation was revised several times throughout the years: a. The version in effect on 23 January 1967 required an entry in item 22c (Foreign and/or Sea Service) to show the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR). Additionally, an update to this version added a requirement to enter the dates of service in Vietnam in the Remarks block. b. The version in effect on 23 May 1972 required an entry in item 22c (Foreign and/or Sea Service) 19 to show the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR). c. The version in effect on 20 August 1973 required an entry in item 19 to show Indochina or Korea service since 5 August 1964. If the member served in Vietnam, an “x” is placed in the “yes’ block and the specific dates of service in Vietnam are shown. d. The version in effect on 15 August 1979 (in effect when he retired in May 1989) required in item 12f (Foreign Service) an entry of the total amount of foreign service completed during the period covered by the DD Form 214. e. The version in effect on 1 October 1979, ended the need to prepare a separate DD Form 214 for enlisted members who were discharged for immediate reenlistment. DISCUSSION AND CONCLUSIONS: 1. The applicant served on active duty from 12 April 1962 to 31 May 1989. He completed multiple foreign service tours including Okinawa, Thailand, Vietnam, and Germany. Prior to 1979, he was issued a separate DD Form 214 for each period of enlistment/reenlistment. Each of his separation documents credited him with the period of foreign service completed during the period covered by the respective DD Form 214. 2. His DD Form 214 for the period 25 November 1966 to 30 August 1972 shows in item 30 (Remarks) an entry documenting Vietnam service as required by the regulation in effect at that time. Likewise, his next DD Form 214 for the period 31 August 1972 to 18 June 1978 also shows in item 19 the appropriate entries documenting his Vietnam service. 3. In October 1979, the Army discontinued the issuance of a separate DD Form 214 for enlisted members who were discharged for immediate reenlistment. He reenlisted on 19 June 1978 and again on 19 April 1984. He retired on 31 May 1989. He did not serve in Vietnam during the period covered by his retirement DD Form 214 and, as such, his retirement DD Form 214 would not list his Vietnam service. 4. More importantly, however, is the fact that although the regulation was revised multiple times over the years with respect to listing Vietnam or foreign service in one block vice another, there was never a regulatory requirement to list the specific unit of assignment on the DD Form 214 (unless it was the last unit of assignment at the time of separation, which is not the case here). 5. The applicant’s retirement DD Form 214 contains no errors with respect to the specific location of his Vietnam service. 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) AR20150007195 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007195 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1