IN THE CASE OF: BOARD DATE: 3 April 2012 DOCKET NUMBER: AR20110018953 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, the former spouse of a deceased former service member (FSM), requests correction of her husband's record to show he served in Vietnam. 2. The applicant states her husband went to Vietnam in 1967. He was assigned to the 218th Military Police Company and attached to Company C, 503rd Military Police Battalion. She is not sure why his service in Vietnam was not entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 3. The applicant provides * Marriage License * Certificate of Death * Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim) * Three DA Forms 2349 (Military Pay Voucher) * DA Form 2139 (Military pay Voucher) * DA Form 20 (Enlisted Qualification Record) - page 1 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 FSM was inducted into the Army of the United States on 4 November 1965. He completed training and she was awarded military occupational specialty 95B (Military Police). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4. 3. The FSM's DA Form 20 shows he was assigned to: * the 218th Military Police Company, Dominican Republic, from 20 March 1966 to 17 August 1966 * C Company, 503rd Military Police Battalion, Dominican Republic, from 18 August 1966 to 12 September 1966 * C Company, 503rd Military Police Battalion, Fort Bragg, NC, from 13 September 1966 to 2 November 1967 4. There are no annotations on his DA Form 20 showing he served in Vietnam. Additionally, there are no official orders in his records assigning him to Vietnam. 5. On 3 November 1967, the FSM was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. The DD Form 214 the FSM was issued at the time shows he completed 2 years of total active service. Item 22c (Foreign and/or Sea Service) shows the entry "USARFOR – 0 5 23" indicating he served in the U.S. Army Forces and credited with 5 months and 23 days of foreign service. 6. The applicant provided four DA Forms 2139 wherein she highlighted specific dates and comments. The items she highlighted including dates along the code and annotation "L-R-ORDY" or "LRO," indicating the dates the FSM was on "leave regular ordinary." 7. The applicant also provided a copy of page 1 of the FSM's DA Form 20 and highlighted the entry in item 19 (Investigations and Clearances). This entry, "LFC 23 March 1967 XVIII Airborne Corps C" shows the organization that processed the FSM security clearance and the date it was completed. 8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of the FSM's records to show his service in Vietnam has been carefully considered and researched. 2. There is no evidence of record and the applicant did not provide any corroborating or supporting official record or documentation that places the FSM in Vietnam. 3. In view of the forgoing, there is an insufficient evidentiary basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ____x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of the FSM's service in arms. ___________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) AR20110018953 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110018953 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1