IN THE CASE OF BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150010233 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 IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150010233 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. IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150010233 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 show he was a Vietnam era veteran. 2. The applicant states: * he joined the Army on 2 August 1974 * he served on active duty for 280 days before the ending date of 7 May 1975 * last month he learned the requirement to be considered a Vietnam era veteran was serving 180 days on active duty or serving 2 weeks in Vietnam * he served proudly for his country and he feels guilty for not being sent to Vietnam * it is a mental issue he has suffered for the last 40 years because he had friends who died there * he feels he should have been there to protect them from enemy fire * he was stationed at Redstone Arsenal in Alabama as a military policeman from 1977 to 1977 * he was sent a package of information from the command sergeant major of a military base in Hawaii, but he never received orders 3. The applicant provides: * DD Form 214 * Internet article pertaining to the definition of a Vietnam era veteran 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 2 August 1974 for a period of 3 years. On 1 August 1977, he was honorably released from active duty. 3. His DD Form 214 does not show he was a Vietnam era veteran. 4. There is no evidence showing he served in Vietnam. 5. He provided an Internet article pertaining to the definition of a Vietnam era veteran. This article states: a. A Vietnam era veteran is defined as any veteran who served during the official time frame of the Vietnam War anywhere in the world as defined by Congress and the Department of Veterans Affairs. b. Section 505 of Public Law 104-275 states the term "Vietnam era" means the period beginning on 28 February 1961 and ending on 7 May 1975 in the case of a veteran who served in the Republic of Vietnam during that period or the period beginning on 5 August 1964 and ending on 7 May 1975 in all other cases. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), effective 23 May 1972, stated to indicate Indochina and Korea service performed on or after 5 August 1964 in item 30 of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. To show Vietnam service only, for example, enter "Vietnam – 25 Apr 70 through 28 May 71, Indochina – yes, Korea – no." There is no provision to show Vietnam era veteran status on the DD Form 214. 2. Public Law 104-275 incorporates provisions from a multitude of different bills resulting from compromise agreements between the United States House of Representatives and Senate. Section 505 amends the definition of the Vietnam era for certain veterans. The change was legislated by the passage of the Veterans' Benefits Improvement Act of 1996 enacted on 9 October 1996. Section 505 states the term "Vietnam era" means the following: a. The period beginning on 28 February 1961 and ending on 7 May 1975 in the case of a veteran who served in the Republic of Vietnam during that period. b. The period beginning on 5 August 1964 and ending on 7 May 1975 in all other cases. DISCUSSION: The applicant's contention he qualifies as a Vietnam era veteran based on Public Law 104-275 was noted. However, there is no provision to show Vietnam era veteran status on the DD Form 214 for individuals who did not serve in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010233 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010233 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2