IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150005843 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 military records to show he served in the Republic of Vietnam (RVN). 2. The applicant states he served in the RVN from January to October 1971. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show his RVN service. 3. The applicant provides copy 3 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. On 6 July 1970, the applicant was inducted into the Army of the United States. His DA Form 20 (Enlisted Qualification Record) shows his assignment history as follows: a. 13 July to 4 September 1970: Basic combat training at Fort Campbell, Kentucky; b. 5 to 7 September 1970: En route to Fort Belvoir, Virginia; c. 8 September to 4 November 1970: Advanced individual training for military occupational specialty 83F (Offset Press Operator) d. 5 to 25 November 1970: En route to his first permanent duty assignment located at Fort Belvoir, Virginia; e. 10 December 1970: Assigned to 99th Engineer Company, Fort Belvoir, Virginia; f. 7 September 1971: En route to new duty assignment at Fort Benning, Georgia; and g. 16 September 1971: Assigned to Company C, Headquarters Command (HQ CMD), U.S. Army Infantry Center (USAIC), Fort Benning. 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) does not indicate any overseas service. 4. On 21 January 1972, the applicant was honorably released from active duty. He had completed 1 year, 6 months and 16 days of total active service during this period. His DD Form 214 for this active duty service period shows: a. Item 12: Last Duty Assignment and Major Command: Company C, HQ CMD, USAIC; and b. Item 22c (Foreign Service): 0 years, 0 months, 0 days 5. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty. It required an entry in Item 22c indicating the length of any foreign service performed during the covered period of active duty service. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show he served in the RVN for a period of approximately 10 months. 2. There is no available evidence of record showing the applicant had served for any period of foreign service. His military records appear to be complete and showed no apparent gaps in his assignment history. 3. The applicant has not provided any documentation or convincing argument to support his contention. 4. In view of the above, the applicant's request should be denied. 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) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005843 3 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508