ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  8 May 2019

	DOCKET NUMBER:  AR20170013432


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.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Two Photographs
* Jungle and Guerilla Warfare Training Center Certificate
* Four Soldier of the Day Award Certificates

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 his DD Form 214 does not indicate that he served in Vietnam between September 1961 and August 1963.  He served in Vietnam and earned the Vietnam Campaign Medal and the Vietnam Service Medal.  His overseas duty was with U.S. Army Pacific Command (USARPAC) for 1 year, 8 months, and 21 days.  His 
DD Form 214 does not show he served boots on ground but he knows he served as a gunner on helicopters.  The applicant now suffers from an Agent Orange presumptive disorder and he needs to apply for medical benefits.

3.  The applicant provides two photographs of a military uniform with ribbons from Vietnam.  He also provides a Jungle and Guerilla Warfare Training Certificate, dated 
11 December 1962, which shows he completed the course, and four Soldier of the Day awards.

4.  A review of the applicants’ service record shows:

	a.  He was inducted into the Army of the United States on 12 September 1961.
	b.  He served in Hawaii (USARPAC) from December 1961 through August 1963 for a total of 20 months.

	c.  He was honorably released from active duty on 27 August 1963.  His DD Form 214 shows in item 24c (Foreign and/or Sea Service) he completed 1 year, 11 months, and 16 days of active service with 1 year, 8 months, and 21 days foreign service in USARPAC.  It also shows he was awarded or authorized:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

5.  By regulation, for item 24c (Foreign and/or Sea Service) enter total active duty outside continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. “Foreign and/or Sea Service (USAREUR).” 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined there is insufficient evidence to grant relief.  Based upon the documentary evidence presented by the applicant and found within the service record, the Board found insufficient evidence to corroborate the applicant’s statement that he ever served in 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) in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It stated that item 24c (Foreign and/or Sea Service) enter total active duty outside continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. “Foreign and/or Sea Service (USAREUR).”

ABCMR Record of Proceedings (cont)	 AR20170013432


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