ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20170005048 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Vietnam and Cambodia. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 he would like his DD Form 214 reflect his service in Vietnam and Cambodia in order to prove he was in Vietnam due to his exposure to Agent Orange. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 30 August 1965. b. His DA Form 20 (Enlisted Qualification Record) shows in: (1) Block 31 (Foreign Service) documents his service in Germany under the oversea command USAREUR (United States Army Europe) from 18 January 1966 to 9 August 1968. (2) Block 38 (Record of Assignments) documents his service with “C” Battery, 3rd Battalion, 17th Artillery, USAREUR from 20 January 1966 to 8 August 1968. (3) Block 39 (Campaigns) does not document any campaigns for Cambodia or Vietnam during his service. (4) Block 40 (Awards and Decorations) does not document any for Cambodia or Vietnam during his service. It shows the applicant was awarded the Good Conduct Medal, by General Order Number 13, 3rd Battalion, 17th Artillery. c. On 10 August 1968, his DD Form 214 shows the applicant was honorably released from active duty. His DD Form 214 also shows in: (1) Block 22c (Foreign and / or Sea Service) 2 years, 6 months, and 21 days in USAREUR. (3) Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not document or reference any awards or ribbons authorized or awarded for service in Vietnam or Cambodia. (4) Block 30 (Remarks) does not contain information regarding the applicant’s location of his overseas 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. For block 22c, 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. Based upon the documentary evidence provided by the applicant and found within the military service record, the board concluded that the applicant’s record is absent evidence showing he deployed to either location. The Board agreed there is insufficient evidence to grant relief. 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 (AR) 635-5 (Personnel Separations - Separation Documents) 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. a. Paragraph 2-39 (Item 22c) instructs 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 which service was performed. b. Paragraph 2-50(18) (Item 30) instructs to 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 Cambodia or Vietnam, show “yes” for Indochina. The specific samples are provided within this paragraph of the AR. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170005048 3 1