BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160016581 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 BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160016581 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. BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160016581 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 reconsideration of his previous request for correction of his DD Form 214 (Report of Separation from Active Duty) to show his overseas service in the Republic of Vietnam. He further requests correction of his dates of service and to show his rank/grade as private first class (PFC)/E-3 instead of private (PV2)/E-2. 2. The applicant states he served in the Republic of Vietnam under General Westmoreland and General Wagner. He further states he was promoted to the rank/grade of PFC/E-3 and he needs his record corrected in order to qualify for Department of Veterans Affairs (VA) benefits due to Agent Orange exposure. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150004764 on 22 October 2015. 2. The applicant provides a new argument, which warrants consideration by the Board. 3. His available records show he enlisted in the U.S. Army Reserve (USAR) on 5 February 1975. Item 49 (Prior Service) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he enlisted with no prior service. 4. The applicant entered active duty on 8 April 1975. 5. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record) shows he was promoted in the USAR to the rank/grade of PV2/E-2 effective 5 June 1975. 6. The applicant was honorably released from active duty training and returned to control of the USAR on 19 October 1975. The DD Form 214 he was issued shows he completed 6 months and 12 days of net active service during this period. Item 6a (Grade, Rate or Rank) and 6b (Pay Grade) show he separated in the rank/grade of PV2/E-2. Item 18f (Foreign and/or Sea Service This Period) of his DD Form 214 indicates he did not have any foreign service during this period of service. 7. Orders 3-1 issued by Company A, 330th Engineer Battalion (Combat) (Army) on 20 October 1976, promoted the applicant to the rank/grade of PFC/E-3 effective 20 October 1976. 8. The applicant was honorably discharged from the USAR on 4 February 1981. 9. There is no evidence in his available records and the applicant provides no evidence to show he served in the Republic of Vietnam. 10. There is no evidence in his available records and he provides no evidence that shows he was promoted to the rank/grade of PFC/E-3 during the period represented on his DD Form 214. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The regulation provided that the total active duty service 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 18f. 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 27 (Remarks). 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This 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 available record shows the applicant enlisted in the USAR on 5 February 1975, entered active duty for training on 8 April 1975, and he was honorably released from active duty on 19 October 1975. He completed 6 months and 12 days of active service and he was issued a DD Form 214 that captured this period of active duty service. His rank and grade at the time of his release from active duty were "PV2/E-2," both of which are correctly shown on his DD Form 214. 2. The available evidence shows he was promoted to PFC/E-3 on 20 October 1976, during his Reserve service after he had been released from active duty and after his DD Form 214 had been issued. He held this rank/grade at the time of his discharge from the USAR in February 1981. However, the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 3. There is no evidence in his available records and the applicant provides no evidence to show that he served in the Republic of Vietnam. Aside from his active service from 8 April to 19 October 1975, for which a DD Form 214 was issued, there is no evidence he performed any other period of active duty of at least 90 consecutive days that would have qualified him for the issuance of an additional DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016581 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016581 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2