ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 July 2019

	DOCKET NUMBER:  AR20170002584


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was missing in action for 5 days.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Support letter, Ms. X

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 on or around 1-10 May 1969, while in Vietnam he was reported as "Missing In Action" for approximately 5 days.  He would like his DD 214 to reflect that he was missing in action for 5 days.  He provides a support letter from his sister, Ms. X, who states the applicant her younger brother, was assigned to the 101st Airborne Division in Vietnam, in 1969.  She was at her parents’ home in Ogallala, NE.  Two men in uniforms came to the door and asked for her parents.  She informed them that she was their daughter and her parents were not home.  The men in uniform informed Ms. X that the applicant was missing in action and they did not know the full details.  The men in uniform said they would provide more information about the applicant when it became available.  

3.  A review of the applicant’s service records shows the following:

	a.  He enlisted in the Regular Army on 15 May 1968.

	b.  He served in Vietnam from 10 November 1968 to 14 December 1969.

	c.  His service record is void of any entry supporting or documenting the applicant as missing in action while in Vietnam.  There are no Casualty Reports, Duty Status Reports, or Western Union Telegrams informing the next of kin that the applicant was missing or a prisoner.  

	e.  On 17 December 1969, the applicant was honorably released from active duty.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was separated due to expiration term of service and transferred to the United States Army Reserve.  He completed 1 year, 7 months, and 3 days of active service.  

4.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions, as they existed at the time of separation.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The applicant’s contentions were carefully considered.  He requested to have his separation document show that he was missing in action (MIA) for 5 days.  MIA is duty status.  There is no regulatory guidance that provides for the listing of a member’s duty status on the DD Form 214.  The applicant is advised that if he has evidence that shows his duty status was changed from MIA to prisoner of war (POW), he should apply to the Board for record correction.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION



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.


	 
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.



REFERENCES:

1. Title 10, 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, provided for the preparation of the DD Form 214.  The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  Source documents, the Military Personnel Records Jacket, US Army (MPRJ), Official Military Personnel Files (OMPF), DA Forms 2 and 2-1 (Personnel Qualification Record) are the basic source documents for preparing DD Form 214.  Personnel officers should also review all available documents such as the DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States), DA Form 3716 (Personal Financial Record, US Army), reassignment orders, enlistment records, and any DD Form 214 for prior service.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170002584


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