IN THE CASE OF: BOARD DATE: 7 July 2009 DOCKET NUMBER: AR20090002037 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 (Report of Separation from Active Duty) to state he was a "Vietnam Era Veteran." 2. The applicant states that his original discharge certificate stated he was a "Vietnam Era Veteran" and he would like his DD Form 214 to state the same. 3. The applicant provides no additional documentation in support of his application. 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's military records show he enlisted in the Army Delayed Entry Program on 24 April 1974. He enlisted in the Regular Army in pay grade E-1 on 23 September 1974 for 2 years. He completed basic and advanced training and was assigned military occupational specialty 36G, Manual Central Office Repairman. 3. The applicant was honorably released from active duty in pay grade E-4 on 15 September 1976 and transferred to the United States Army (USAR) Control Group (Annual Training). He was credited with 1 year, 11 months, and 23 days of net active service. He was also credited with 1 year, 2 months, and 29 days of foreign service. 4. Item 11 (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows he served with the 881st Maintenance Company, United States Army Europe (USAREUR). The "no" block is checked in item 19 (Indochina or Korea Service Since August 5, 1964) and item 27 (Remarks) of his DD Form 214 identified his foreign service location as USAREUR. 5. The applicant was honorably discharged from the USAR on 20 August 1979. He enlisted in the Maine Army National Guard on 14 September 1980 and was honorably separated on 13 September 1981. 6. Army Regulation 635-5 (Personnel Separations – Separations Documents), in effect at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that the DD Form 214 was a summary of a Soldier's most recent period of continuous service. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The last assignment and major command would be entered in item 11. For Vietnam service an "X" would be placed in the "yes" block in item 19 and the specific dates of service would also be shown in item 19. There were no provisions for listing "Vietnam Era Veteran" on the DD Form 214. 7. A Vietnam War Era veteran is a phrase used to describe someone who served in the Armed Forces of participating countries during the Vietnam War. A Vietnam War Era veteran is a person: (a) who served on active duty for a period of more than 180 days, any part of which occurred between 5 August 1964 and 7 May 1975 and was discharged or released with other than a dishonorable discharge, (b) was discharged or released from active duty for a service connected disability if any part of such active duty was performed between 5 August 1964 and 7 May 1975, or (c) who served on active duty for more than 180 days and served in the Republic of Vietnam between 28 February 1961 and 7 May 1975. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention has been noted. The applicant's service for the period from 23 September 1974 through 15 September 1976 is acknowledged. This service was performed during the time frame which has been identified as the Vietnam War Era (5 August 1964 through 7 May 1975) and as such, the applicant may refer to himself as a Vietnam War Era veteran. However, there are no regulatory provisions for identifying those individuals who served on active duty during the Vietnam War Era with the term "Vietnam Era Veteran" on their DD Forms 214. 2. In view of the foregoing, there is no basis for granting the applicant's request. 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) AR20090002037 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090002037 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1