IN THE CASE OF: BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20160004355 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: 12 December 2017 DOCKET NUMBER: AR20160004355 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: 12 December 2017 DOCKET NUMBER: AR20160004355 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 foreign service in Vietnam. 2. The applicant states he served in Vietnam and then he was sent to Germany. His discharge form indicates he did not serve in Vietnam; however, he states he served in Vietnam for 5 to 6 months. The only evidence he has is that he served in Vietnam with Captain (CPT) Mitchell. The whereabouts of those he served with are unknown. 3. The applicant provides no 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 enlisted in the Regular Army on 11 September 1970. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), service in Germany from 18 February 1971 through 4 April 1972 * item 38 (Record of Assignments), while stationed in Germany he was assigned to B Troop, 3d Squadron, 8th Cavalry Regiment, during the period 12 March 1971 through 3 April 1972 4. On 7 April 1972, he was honorably released from active duty. His DD Form 214 shows in: * item 22b (Total Active Service), 1 year, 2 months, and 27 days * item 22c (Foreign and/or Sea Service), Germany, 1 year, 1 month, and 17 days * item 30 (Remarks), the entry "Vietnam - No" 5. His records are void of evidence showing he served in Vietnam. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The instructions stated to enter the total period of active duty service performed outside the continental limits of the United States in item 22c and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (U.S. Army Europe (USAEUR))." Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30 (Remarks) as follows: "VIETNAM SERVICE: FROM (date) TO (date)." DISCUSSION: The applicant contends he served in Vietnam for a period of 5 to 6 months and was then sent to Germany. His records show he served in Germany during the period 18 February 1971 through on or about 4 April 1972. Other than his own statement, there is no evidence showing he served 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) AR20160004355 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004355 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2