BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000467 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000467 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 9 of his DD Form 214 the current entry and replacing it with the date of birth that is shown on his 27 February 1968 DD Form 4. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to service in the Republic of Vietnam or Vietnam-era veteran status. ______________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. BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000467 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth (DOB) and that he is a "Vietnam Veteran." 2. The applicant states that his military service records were lost or destroyed in a fire at the National Personnel Records Center. a. He also states the DOB recorded in item 9 (DOB) of his DD Form 214 should be " 1948" (instead of " 1968"). b. He also states that on or about 1 August 1968, he was ordered to serve with the 6th Battalion, 56th Artillery in Chu Lai, Vietnam, and he served there for approximately five (5) months. He was then ordered to serve in the continental United States with the 52nd Artillery. 3. The applicant provides a self-authored statement (summarized above), and copies of his birth certificate and DD Form 214. COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel requests, in effect, correction of the applicant's DD Form 214 to show his correct DOB and that the applicant is a "Vietnam Veteran." 2. Counsel, in effect, defers to the applicant. 3. Counsel provides no additional documentary evidence in support of the applicant's request. 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. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. However, the applicant's military service records do not appear to have been affected by that fire as they were available to the Board for review. 3. A DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 14 February 1968 for a period of 6 years. Item 21 (DOB) shows the entry, "13 Dec 48" (i.e., 1948). 4. A DD Form 4 shows the applicant enlisted in the Regular Army (RA) on 27 February 1968 for a period of 4 years. Item 21 shows the entry, "13 Dec 48." 5. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows: * item 31 (Foreign Service) is blank (no entries) * item 38 (Record of Assignments) – * Battery D, 1st Battalion, 62nd Artillery, Grafton, IL, from 5 August 1968 through 5 December 1968 * Battery C, 5th Battalion (Hercules), 56th Artillery, Dillsboro, IN, from 27 December 1968 through 26 February 1970 * Battery D, 2nd Battalion (Hercules), 52nd Air Defense Artillery (ADA), South Dade County, FL, from 10 March 1970 through 31 October 1971 * item 39 (Campaigns) is blank (no entries) * item 41 (Awards and Decorations) – * National Defense Service Medal * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars 6. A DD Form 214 shows the applicant entered active duty on 27 February 1968, was honorably released from active duty (REFRAD) on 9 December 1971, and transferred to the USAR Control Group (Reinforcement) to complete his reserve service obligation. He had completed 3 years, 9 months, and 13 days of total active duty service this period. It also shows in: * item 12 (Last Duty Assignment and Major Command): Battery D, 2nd Battalion (Hercules), 52nd ADA, Army Air Defense Command * item 13b (Station or Installation at Which [Separation] Effected): Homestead Air Force Base, Florida 33030 * item 22 (Statement of Service), block c (Foreign and/or Sea Service): "0 [years], 0 [months], 0 [days]" * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars * item 32 (Remarks), no entry for service in the Republic of Vietnam (RVN). 7. A review of the applicant's military personnel records failed to reveal evidence that he served in RVN or that he was authorized/awarded any service/campaign medals related to service in RVN. 8. In support of his application, the applicant provides a copy of an Arkansas State Board of Health, Bureau of Vital Statistics, Certificate of Live Birth, that shows he was born on 1948. The document also shows it was recorded on 18 December 1948. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. Appendix B contains a list of Vietnam Conflict campaigns and lists designated Vietnam campaigns from 15 March 1962 through 28 January 1973. 2. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. a. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions for item 9 show, "Self-explanatory." b. During the Vietnam era, a regulatory provision was introduced pertaining to the DD Form 214 that provided for entering in the remarks section the inclusive dates of service in Vietnam during the current period of service. c. The Army separation regulation does not provide for an entry to show Vietnam-era veteran status. DISCUSSION: 1. The applicant and his counsel contend that the applicant's DD Form 214 should be corrected to show his correct DOB and that he is a "Vietnam Veteran." 2. Records show the applicant's DOB is 1948 and that his DOB was correctly recorded in his service records when he entered military service. Based on the available evidence, it appears that an administrative error occurred during his separation processing on 9 December 1971 resulting in the incorrect listing of his DOB on his DD Form 214 when he was REFRAD. 3. The evidence of record shows the applicant served on active duty in the RA during the Vietnam Conflict. There is no evidence that shows he served in RVN. The evidence of record fails to show service during the Vietnam-era is to be recorded on the DD Form 214 by an entry showing "Vietnam-era Veteran." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000467 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000467 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2