ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 July 2019 DOCKET NUMBER: AR20170000960 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation From Active Duty), ending on 28 April 1978, to show the location and duration of his assignments during the period 1 November 1967 to 28 April 1978, to include his foreign service in Thailand. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Army Board for Correction of Military Records (ABCMR), Dated 25 January 2017 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, that he was assigned to Thailand from 1970 to 1971 and this overseas assignment is not listed on his DD Form 214, ending on 28 April 1978. Having this assignment listed on his DD Form 214 will allow him to apply for Agent Orange reimbursement. 3. The applicant enlisted in the Regular Army on 1 November 1967. His military record shows he completed foreign service in: * Vietnam, from 19 December 1968 through18 December 1969 (12 months) * Thailand, from 3 July 1970 to 2 February 1971 (7 months) 4. On 8 March 1973, he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 covering the period from 1 November 1967 to 8 March 1973 shows in: * item 22c (Foreign and/or Sea Service), he completed 7 months of foreign service in the United States Army Pacific (USARPAC) * item 30 (Remarks) the entry "Vietnam 19 Dec 68 thru 18 Dec 69: Indochina-Yes: Korea-No" 5. The applicant completed two additional reenlistments for the periods – * 9 March 1973 to 29 January 1975 * 30 January 1975 to 28 April 1978 6. On 28 April 1978, he was issued a DD Form 214. This document does not show the completion of foreign service in Thailand. 7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed instructions for completing the DD Form 214. It stated: a. to enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in item 22c. b. to indicate inclusive dates of service for Vietnam and indicate "Yes" for service in Indochina and Korea (to include assignment to Burma, Lao, Thailand, Cambodia, or Vietnam), in item 30 (Remarks) of the DD Form 214. There was no provision to specify service in Thailand or all assignment history. c. the purpose of the DD Form 214 is to provide a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his service record, entries on his three DD Forms 214 and his DA Form 20 related to his Foreign Service and Assignment History. The Board found that his service in Thailand was recorded on the DA Form 20; the DD Form 214 for his period of service there included the entry for Indochina service in the remarks block. He was not in Thailand during the periods of service included on two subsequent DD Forms 214, 1975 and 1978 respectively. The Board found there was no errors on his DD Forms 214, his Thailand service was properly recorded as “Indochina – Yes”; there is no provision to continue to record that Foreign Service entry for subsequent periods of active duty. The applicant’s assignment history was recorded on his DA Form 20 and shows the dates of his foreign service in Vietnam, Thailand and Germany. The Board recommends providing both these documents to the applicant in support of his request and advises the applicant that this decision will be placed in his records to clarify the location of his foreign service. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending the following statement to block 18 (Remarks) of his DD Form 214 for the period of service ending 8 March 1973: Vietnam 19 Dec 68 thru 18 Dec 69: “Indochina (Thailand) - Yes.”; Korea – No. The Board further recommends that the applicant be provided a copy of the DA Form 20 in his records to show his service in Thailand. 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 reflecting his foreign service in Thailand on the two other his DD Forms 214 in his record. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, stated that separation documents will be prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It stated to for: a. Item 22c (Foreign and/or Sea Service) enter the total active duty outside the continental limits of the united States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., "Foreign and/or Sea Service (USAEUR)." b. Item 30 (Remarks) indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. ABCMR Record of Proceedings (cont) AR20170000960 3 1