ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 April 2019 DOCKET NUMBER: AR20170005788 APPLICANT REQUESTS: correction of her husband's, a deceased former service member (FSM), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in the Republic of Vietnam. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * State of Oklahoma Marriage License and Certificate (two documents) * State of Oklahoma Certificate of Death 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 that her husband, the FSM, told her that he served in the Republic of Vietnam and was in the Special Forces. 3. The FSM was inducted into the Army of the United States on 23 October 1964 and was awarded military occupational specialty (MOS) 13D (Field Artillery Rocket Crewman). 4. The FSM's record includes a DA Form 20 (Enlisted Qualification Record) that shows he was assigned to A Battery, 3rd Battalion, 21st Artillery Regiment, in the Federal Republic of Germany from on or about 16 April 1965 through on or about 4 October 1966. 5. The FSM's DD Form 214 shows he was honorably released from active duty on 7 October 1966 and transferred to the United States Army Reserve (USAR). He completed 1 year, 11 months, and 15 days of total active service. His DD Form 214 contains the following information: a. Item 12 (Last Duty Assignment and Major Command) the entry, "BTRY A 3D BN 21st ARTY APO 09036 7th USA" representing that his last duty assignment was with the A Battery, 3rd Battalion, 21st Artillery Regiment, APO 09036 [Europe] 7th U.S. Army. b. Item 24c (Foreign and/or Sea Service) the entry, "USAREUR 1 5 19" representing that he served in the U.S. Army Europe theater for 1 year, 5 months, and 19 days. c. Item 25a (Specialty Number and Title) the entry, "13D FA Rocket CRWMN" representing he was trained in and awarded MOS 13D Field Artillery Rocket Crewman. 6. The FSM's record does not contain any documentary evidence that shows he served in the Republic of Vietnam or that he was in the Special Forces during his period of military service. 7. The applicant provides her and the FSM's certificate of marriage and the FSM's death certificate. 8. The entry in item 24c of the FSM's DD Form 214 is in compliance with Army Regulation 635-5 (Separation Documents), dated 13 August 1963, which stated that item 24c would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed (e.g., USAREUR (United States Army Europe)). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based upon the documents submitted or found within the military service record, the Board concluded that the information currently on the DD2214 of the Former Service Member (FSM) is correct. There is no record within the service record that the FSM ever was Special Forces or deployed to Vietnam. For that reason, the Board recommended denying the applicant’s request. 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), dated 13 August 1963, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation identified the DD Form 214 as a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. a. Item 12c states to enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization reassigning that individual. b. Item 24c would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed (e.g., USAREUR (United States Army Europe)). c. Item 25a to enter primary MOS code number and title. ABCMR Record of Proceedings (cont) AR20170005788 0 2 1