IN THE CASE OF: BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160001939 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160001939 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following entry to his DD Form 214 for the period ending 3 April 1979: "Vietnam service from 13 July 1970 to 21 January 1972." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. _____________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: 28 November 2017 DOCKET NUMBER: AR20160001939 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 completed the Harbor Craft Deck Officer School and he served in Vietnam for 18 months instead of 12 months. 2. The applicant states his total service in Vietnam is not reflected on his DD Form 214, dated 3 April 1979. 3. The applicant provides a copy of his DD Form 214, dated 3 April 1979. 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 official military personnel file is not available for review. A search of Military Personnel Records maintained at the National Personnel Record Centers of the National Archives did not reveal a record filed under the applicant’s social security number. Information contained in these ABCMR Proceedings was obtained from the 1979 DD Form 214 provided by the applicant. 3. With prior service the applicant enlisted in the Regular Army on 4 April 1973. 4. The applicant's prior service DD Form 214 is not available for review. 5. He was honorably discharged on 3 April 1979. His 1979 DD Form 214 shows he completed 6 years active service this period. * item 16a (Primary Specialty Number and Title) shows 61B, Watercraft Operator * item 17a (Secondary Specialty Number and Title) shows 61C, Watercraft Engineer * item 18b (Record of Service – Prior Active Service) shows 3 years, 6 months, and 10 days * item 18f (Record of Service – Foreign and/or Sea Service This Period) shows no foreign or sea service * item 19 (Indochina or Korea Service since 5 August 1964) shows he served from 12 July 1970 to 21 January 1972 (a period of 1 year, 6 months, and 10 days) * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows among his awards: * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * item 27 (Remarks) shows he completed the Watercraft Operator Course 6. The applicant did not provide evidence showing he completed the Harbor Craft Deck Officer School. REFERENCES: 1. Army Regulation 635-5 (Personnel Separation/Separation Documents) governed the preparation of the DD Form 214. The regulation in effect at the time provided that the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 would be entered in item 18f. This regulation also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 19 with the inclusive dates of service in Vietnam and the entries "Yes" or "No" for service in Indochina and Korea. For item 27 (Remarks) it states this section will be used for entries required by Headquarters, Department of the Army including the requirement to list in-service training courses successfully completed during this period of service. This information is to assist in employment placement and job counseling. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's 1979 DD Form 214 shows he completed service in Indochina or Korea from 12 July 1970 to 21 January 1972, a period of 1 year, 6 months, and 10 days or 18 months. As he received three service or unit awards for Vietnam, it is presumed he served in Vietnam for approximately 18 months. 2. The applicant's records are not available for review from the National Personnel Records Center and he provides no evidence showing he completed Harbor Craft Deck Officer School. His 1979 DD Form 214 shows his specialties were watercraft operator and watercraft engineer. Item 27 does show during this period of service he completed the Watercraft Operator Course. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001939 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001939 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2