IN THE CASE OF: BOARD DATE: 29 November 2016 DOCKET NUMBER: AR20150014830 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: 29 November 2016 DOCKET NUMBER: AR20150014830 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: 29 November 2016 DOCKET NUMBER: AR20150014830 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Vietnam from July 1966 to November 1966. 2. The applicant states his actual foreign service was from July 1966 to November 1966. It is apparent that his DD Form 214 was changed as shown by the eraser marks after the word Vietnam and the zeroes that were typed over what was originally typed. 3. The applicant does not provide any additional evidence. 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 was inducted into the Army of the United States on 5 November 1965. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman) on 2 April 1966. 3. Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified with the following weapon systems: * M-14 Rifle, Marksman, 17 February 1967 (i.e., 1966) * M-60 Machine Gun, 2nd Class Gunner (Marksman), 24 February 1966 4. Following completion of MOS training, he was reassigned to the 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division, Fort Lewis, WA. This is also confirmed with an entry on his DA Form 20 and his dental records. (He was seen at the dental clinic on Fort Lewis on 5 April 1966). 5. Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 23 July 1966 to 6 August 1966, a period of 15 days. However, there are no assignment or reassignment orders in his file to confirm his dates of arrival and departure. 6. Item 38 (Record of Assignments) of his DA Form 20 does not show service in Vietnam. It shows his assignments as follows: * 6 April 1966, Company B, 2nd Battalion, 8th Infantry, Fort Lewis, WA * date unknown, Headquarters and Headquarters Company (HHC), 2nd Battalion, 8th Infantry, 4th Infantry Division, Fort Lewis, WA * 30 August 1966, HHC, 339th Engineer Battalion, Fort Lewis, WA (with duty, provisional support, Company B) * 5 December 1966, HHC, U.S. Army Garrison, Fort Totten, NY 7. On 9 August 1966, he submitted an application for compassionate reassignment. He listed his unit as the 2nd Battalion, 8th Infantry. He indicated that his mother was not in good health and "now that she knows I am supposed to ship out to Vietnam, things are getting critical." 8. His chain of command endorsed his request with their recommendations as follows: a. On 29 August 1966, by endorsement to the Commanding General, Sixth U.S. Army, the Assistant Adjutant, Headquarters, 4th Infantry Division, Fort Lewis, WA, recommended disapproval. b. On 7 September 1966, by endorsement to the 4th Infantry Division, Fort Lewis, the Assistant Adjutant, Sixth U.S. Army, indicated the request was not favorably considered. c. On an unknown date between 7 September 1967 and 24 September 1967, by endorsement to the Commanding General, Fort Lewis, WA, the Assistant Adjutant, Headquarters, 4th Infantry Division, Fort Lewis, WA, requested the applicant rejoin his unit. d. On 24 September 1966, by endorsement to the Commanding Officer, HHC, 339th Engineer Battalion, Fort Lewis, the Assistant Adjutant General, Headquarters, Fort Lewis, informed the Commanding Officer that orders were being published by his Headquarters attaching the applicant to the 4th Replacement Detachment, 4th Infantry Division, for transportation to parent unit. e. On 23 November 1966, by message, Headquarters, Department of the Army, ordered the issuance of orders reassigning the applicant from the 339th Engineer Battalion to the U.S. Army Garrison, Fort Totten, NY. The message indicated the applicant was on emergency leave in the continental United States at the time and would report directly to Fort Totten upon expiration of his leave. 9. On 3 November 1967, Headquarters, U.S. Army Personnel Center, Fort Hamilton, NY, published orders directing the applicant's separation effective 3 November 1967. 10. He was honorably released from active duty on 3 November 1967. His DD Form 214 show he completed 1 year, 11 months, and 28 days of active service. It also shows in item 22c (Foreign and/or Sea Service) the entry "Vietnam 0-0-0." 11. He was honorably discharged from the U.S. Army Reserve on 4 November 1971 upon completion of his service obligation. REFERENCES: Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of the regulation in effect at the time contained the following guidance for preparation of the DD Form 214: * item 22c showed the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., "USARPAC" * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) showed a member's awards and decorations * item 30 (Remarks) was used for mandatory requirements, when a separate block was not available, and as a continuation entry DISCUSSION: 1. The evidence does not clearly confirm that the applicant served in Vietnam. His DA Form 20 is inconsistent with other documents in his records. Item 31 shows he served in Vietnam from 23 July 1966 to 6 August 1966 (15 days) but item 38 shows he was physically located at Fort Lewis during this period. 2. There are no permanent change of station orders, temporary duty orders, temporary duty settlement vouchers, leave and earnings statements showing receipt of hazardous duty pay, witness statements, or other documentary evidence that confirm he actually went to Vietnam. 3. On 9 August 1966, he submitted an application for compassionate reassignment. He indicated on that application, "Now that she [his mother] knows I am supposed to ship out to Vietnam, things are getting critical." This appears to indicate he had not left for Vietnam on 9 August 1966, which contradicts the date shown in item 31 of his DA Form 20 that shows he began service in Vietnam on 23 July 1966 which ended on 6 August 1966. 4. It is possible that he was reassigned with his Fort Lewis unit (2nd Battalion, 8th Infantry) on a unit permanent change of station to Vietnam and he returned shortly thereafter on emergency leave. However, this is only speculative and is not substantiated by the available records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014830 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014830 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2