IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160012140 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: 22 August 2018 DOCKET NUMBER: AR20160012140 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: 22 August 2018 DOCKET NUMBER: AR20160012140 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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty), for the period ending on 10 June 1976, to show he served in Vietnam. 2. The applicant states he served on temporary assignment to Headquarters and Headquarters Company (HHC), Saigon, and he was assigned to the Da Nang Airbase on ammunition detail. His 1976 DD Form 214 states his assignment to Southwest Asia and Thailand, but does not show the several months he spent in Vietnam. He does not known the exact dates. In effect, he is requesting correction of his DD Form 214 because of Agent Orange and disabilities that he is experiencing. His medical records are on file with the Department of Veterans Affairs. 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 (RA) on 11 June 1973 and he held military occupational specialty (MOS) 95B (Military Police (MP)). 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: * Item 5 (Overseas Service) – He served in Thailand from 28 January 1975 to 26 February 1976 * Section VIII (Current and Previous Assignments) – He was assigned to: * The 281st MP Company, Thailand, from 6 February to 31 October 1975 * HHC, U.S. Military Assistance Command – Thailand, from 1 November 1975 to 25 February 1976 4. He was honorably discharged on 10 June 1976, for immediate reenlistment. His DD Form 214 shows he completed 3 years of net active service. His DD Form 214 also shows in: * Item 18 (Foreign And/Or Sea Service This Period) – 1 year and 1 month * Item 19 (Indochina or Korea Service Since August 5, 1964) – An "X" in the "No" block * (Item 27 (Remarks) – Last Country Of Overseas Assignment: Thailand 5. He reenlisted in the RA on 11 June 1976 and continued to hold MOS 95B. 6. His DA Form 2-1 also shows in: * Item 5 – He served in Hawaii from 9 January 1977 to 20 December 1978 * Section VIII – He was assigned to Schofield Barracks Detachment, MP Activity, U.S. Army Support Command – Hawaii, from 9 January 1977 to 19 December 1978 7. He was discharged, under honorable conditions, on 21 December 1978. His DD Form 214 shows he completed 2 years, 6 months, and 11 days of net active service. His DD Form 214 also shows in: * Item 18 – 1 year, 11 months, and 12 days * Item 19 – An "X" in the "Yes" block and no inclusive service dates * Item 27 – Last Country Of Overseas Assignment: Hawaii – 770109- 781220 8. His record is void of any temporary duty orders and/or inclusive dates for temporary service in Vietnam during his period of active duty from June 1973 to June 1976 and from June 1976 to December 1978. REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time of his June 1976 and December 1978 separations, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of retirement, discharge, or release from active duty. The regulation stated for: * Item 18 – Enter the total active duty outside continental limits of the United States for the period covered by the DD Form 214 * Item 19 – For Vietnam service place an "X" in the "Yes" block and show the specific dates of service * Item 27 – Enter the country in which the last period of overseas service was performed DISCUSSION: 1. The evidence of records shows the applicant served in Thailand from 28 January 1975 to 26 February 1976 during his period of active duty from 11 June 1973 to 10 June 1976. There is no evidence of record and he provided none showing he temporarily served in Vietnam this period of service. Also, item 19 of his 1976 DD Form 214 does not indicate he served in Vietnam during his period. As such, his 1976 DD Form 214 contain no error with respect to his Vietnam service dates. 2. He reenlisted in the RA on 11 June 1976. He served in Hawaii from 9 January 1977 to 20 December 1978. Item 19 of his DD Form 214, for the period ending on 21 December 1978, indicates he served in Vietnam. However, item 19 does not shows any inclusive dates of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012140 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012140 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2