IN THE CASE OF: BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016132 BOARD VOTE: ___x____ ____x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016132 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the current entry in item 18f of his DD Form 214 and replacing it with the entry "1  0  2" and b. adding the entry "VIETNAM – NO, INDOCHINA – YES, KOREA – NO" to item 27 of this DD Form 214. ______________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: 2 March 2017 DOCKET NUMBER: AR20150016132 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 item 18f (Foreign and/or Sea Service This Period) of his DD Form 214 (Report of Separation from Active Duty) to show his overseas service in Thailand. 2. The applicant states: * he served in U.S. Army Pacific (USARPAC)-Thailand from 1 April 1970 to 2 April 1971 * his DD Form 214 doesn't show his overseas duty in Thailand * he was stationed in an overseas area known for Agent Orange exposure 3. The applicant provides: * page 2 of his DA Form 20 (Enlisted Qualification Record) * 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. The applicant enlisted in the Regular Army on 28 May 1969 for a period of 3 years. 3. Item 31 (Foreign Service) of his DA Form 20 shows he served in USARPAC-Thailand from 1 April 1970 through 2 April 1971 (period of 1 year and 2 days). 4. On 16 March 1972, he was discharged for unfitness. Item 22c (Foreign and/or Sea Service) of his original DD Form 214 shows the entry "USARPAC See Item #30." Item 30 (Remarks) of this DD Form 214 shows the entries "Item 22c – Foreign service cannot be verified from available official documents" and "VIETNAM – NO, INDOCHINA – YES, KOREA – NO." 5. On 20 November 1978, his character of service was upgraded under the Department of Defense Review Program (Special) and he was issued a new DD Form 214. 6. Item 18f of his reissued DD Form 214 shows the entry "0  0  0." Item 27 (Remarks) does not show his Indochina service. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. This regulation provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. Later versions of this regulation stated to indicate Indochina and Korea service performed on or after 5 August 1964 in the remarks block 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." DISCUSSION: The applicant's DA Form 20 shows he served in Thailand from 1 April 1970 through 2 April 1971. Item 18 and item 27 of his reissued DD Form 214 do not show this foreign 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) AR20150016132 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016132 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2