ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 April 2019

	DOCKET NUMBER:  AR20170012497


APPLICANT REQUESTS: correction of item his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 12 October 1969 to show his foreign service in the Republic of Vietnam

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 that he was sent to Vietnam on temporary duty (TDY) in June 1969 and again in August 1969.

3.  On 1 November 1966, the applicant enlisted into the Regular Army.  

4.  His record shows he completed foreign service in Germany, but is void of evidence showing he was assigned to or performed TDY in the Republic of Vietnam.

5.  On 12 October 1969, he was released from active duty.  His DD Form 214, item 22c (Foreign and/or Sea Service) shows he completed 1 year, 2 months and 10 days of foreign service and the last theater in which he served was United States Army Europe (USAREUR).



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was not warranted.  Based upon the documents presented by the applicant and found within the military personnel file of the applicant, there is no evidence he was ever deployed to Vietnam.  For that reason, the Board recommended denying the applicant’s request for 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 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directed that 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 be entered in Item 22c.

ABCMR Record of Proceedings (cont)	 AR20170012497
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