BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20170000040 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: 1 August 2018 DOCKET NUMBER: AR20170000040 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: 1 August 2018 DOCKET NUMBER: AR20170000040 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) to show he served in Vietnam. 2. The applicant states he served in Vietnam for 3 months. He departed from Fort Ord, CA, enroute to Korea, but was diverted to Vietnam. He wants the record to be correct to apply for compensation. 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. He enlisted in the Regular Army on 29 September 1973 and he held military occupational specialty 71B (Clerk Typist). 3. His DA Form 2-1 (Personnel Qualification Record – Part II) does not contain any entries to show he was assigned to Vietnam or that he entered that country. However, this form does show he served in Korea from 16 July 1974 to 15 August 1975. 4. He was honorably released from active duty on 29 September 1976. His DD Form 214 shows he completed 3 years of active duty service. His DD Form 214 also show in: * Item 18f (Foreign And/Or Sea Service) – 1 year and 1 month * Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the National Defense Service Medal and Armed Forces Expeditionary Medal (Korea) * Item 27 (Remarks) – Last overseas service – Korea REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, set the standardized policy for preparing and distributing the DD Form 214. It stated the DD Form 214 was a summary of a Soldier's most recent period of continuous active service. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. The regulation stated: * Item 18f – would list the total period of foreign service completed during the period covered by the DD Form 214 * Item 27 – would list the country in which the last period of overseas service was performed DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant served in Korea from 16 July 1974 to 15 August 1975. This foreign service is properly captured in items 18f and 27 of his DD Form 214. There is no evidence of record and he provided none showing he served in Vietnam on a temporary duty or other basis during his period of active duty between September 1973 and September 1976. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000040 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000040 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2