BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160003610 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160003610 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. BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160003610 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 his foreign service in the Republic of Vietnam. 2. The applicant states he served in the Republic of Vietnam from December 1967 to December 1968, but this service is not listed on his DD Form 214. He further states he was in and out of the country by verbal orders. 3. The applicant provides a copy of his 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 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 7 October 1966 and held military occupational specialty 62B (Engineer Equipment Repairman). 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Thailand from 18 December 1967 through 17 December 1968. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Company A, 538th Engineer Battalion (Construction), United States Army Pacific (USARPAC). 4. The applicant was honorably released from active duty on 6 July 1969. Item 22c (Foreign and/or Sea Service) of his DD Form 214 contains the entry "USARPAC 1 0 0," which represents 1 year of foreign service while assigned to a unit in USARPAC. 5. The applicant's available record is void of any documentation that shows he served in the Republic of Vietnam during his period of active military service. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, specified that item 22c would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed (e.g., USAREUR (United States Army Europe)). 2. An internet search revealed the 538th Engineer Battalion was stationed in the Kingdom of Thailand from 1965 through 1970, during which time it completed a 140 kilometer road from Korat to Kabin Buri (the Bangkok By-Pass) and other civil construction projects (e.g., schools, buildings, etc.). DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show his foreign service in the Republic of Vietnam was carefully considered 2. The evidence of record shows the applicant served with the Company A, 538th Engineer Battalion, and he was stationed in the Kingdom of Thailand from 18 December 1967 through 17 December 1968. Notwithstanding the applicant's sincerity, the evidence of record does not support his contention that he served in the Republic of Vietnam. 3. In accordance with the applicable regulation, the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed will be entered on the DD Form 214. The last foreign theater in which the applicant served was USARPAC, which is shown in item 22c of his DD Form 214 as "USARPAC 1 0 0." Additionally, there was no provision during his period of military service to list a more specific duty location (i.e., Thailand), other than the foreign theater of operation on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003610 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003610 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2