IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150008143 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 was sent to the Central Intelligence Agency (CIA) while stationed at Fort Myers, Virginia. He and two other Soldiers were shipped to the RVN, where they were stationed at An Lock during September and October 1963. He now has Type II diabetes and needs to apply to the Department of Veteran Affairs (VA) for service connected disability. 3. The applicant provides copies of: * His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) (copy Number 1) * Photo copies of two photographs (unlabeled) * A one-page handwritten itinerary going between Colorado, Germany, Fort Myer and Langley, Virginia, and the RVN 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 20 November 1960, the applicant enlisted in the Regular Army. His DA Form 24 (Service Record) shows his assignment history as follows: a. 28 November 1960: Basic combat training at Fort Knox, Kentucky; b. 13 February 1961: Began advanced training at Aberdeen Proving Grounds, Maryland; c. 4 April 1961: Assigned to U.S. Army Element, Joint Support Command, Washington, DC; d. 5 March 1962: Enroute to the Overseas Replacement Station located at Fort Dix, New Jersey; e. 27 March 1962: Assigned to the 663rd Ordnance Company, Vilseck, Germany; f. 23 October 1963: Enroute to the United States; g. 1 November 1963: Assigned to the U.S. Army Transfer Station, Fort Hamilton, New York 3. Item 5 of his DA Form 24 (Service Outside of the Continental United States) only indicates his service in Germany. 4. On 1 November 1963, the applicant was honorably released from active duty. He had completed 2 years, 11 months and 11 days of creditable active duty service. His DD Form 214 for this active duty service period shows: a. Item 11c: He was released early as an overseas returnee; b. Item 12: Last Duty Assignment and Major Command: 663rd Ordnance Company in Europe c. Item 22c (Foreign Service): 1 years, 7 months, 7 days in Europe 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 2 months. 2. The available evidence of record shows the applicant had served in Germany for a period of 1 year, 7 months, and 7 days. There is no indication he was ever in Southeast Asia. His military records appear to be complete and showed no apparent gaps in his assignment history. 3. The evidence provided by the applicant, in the absence of any official corroborating documentation, fails to clearly support his claim that he was in the RVN or that he was under the operational control of the CIA for a short period of time. 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) AR20150008143 4 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508