IN THE CASE OF: BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016080 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: 16 March 2017 DOCKET NUMBER: AR20150016080 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: 16 March 2017 DOCKET NUMBER: AR20150016080 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. 2. The applicant states he wants this form to show his service in Vietnam. He states he served in Vietnam in 1972, but he does not know the exact dates. 3. The applicant provides: * DD Form 214 * DD Form 220 (Active Duty Report) * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * Honorable Discharge Certificate 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's complete military records are not available for review. An exhaustive search was undertaken to locate his military records which are necessary for the processing of his application. Unfortunately, they could not be found. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant's available records show he enlisted in the Ohio Army National Guard (OHARNG) for 6 years on 31 July 1970. 4. On 17 February 1971, the OHARNG published Special Orders Number 32 ordering him to active duty for training for basic combat training (BCT) and advanced individual training (AIT) at Fort Leonard Wood, MO, no later than 12 March 1971. 5. He entered active duty for training on 12 March 1971. He completed BCT and AIT for military occupational specialty 63C (Track Vehicle Mechanic). He was honorably released from active duty for training on 24 September 1971 to the control of the OHARNG. 6. His DD Form 214 shows he competed 6 months and 18 days of active service during this period. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows no foreign service. 7. Following his release from active duty, he served with Company H, 2nd Battalion, 107th Armored Cavalry Regiment, in Barberton, OH. 8. He was honorably discharged from the OHARNG on 30 July 1976. His NGB Form 22 shows he completed 6 years of ARNG service. 9. There is nothing in several typical sources that show he served in Vietnam: * his available service records do not contain a permanent change of station order, temporary duty orders, or deployment orders assigning him to Vietnam * his DA Form 20 (Enlisted Qualification Record) and its replacement, the DA Form 2-1 (Personnel Qualification Record), are not available for review REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, 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 his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. A DD Form 214 will be prepared for each Soldier as indicated: a. Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice; b. Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty; c. ARNG and U.S. Army Reserve (USAR) Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty. A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision. He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. This includes completion of advanced individual training under the ARNG of the U.S. Alternate Training Program or USAR Split Training Program. DISCUSSION: The applicant served in the OHARNG from 31 July 1970 to 30 July 1976. During this period, he also served on active duty for training and completed BCT and MOS training from 12 March 1971 to 24 September 1971. He was issued a DD Form 214 that captured this period of ADT. From the available records, this is the only period of active duty he completed. There is no evidence in the available records showing he served in Vietnam or any other foreign country during his military service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016080 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016080 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2