ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20170014600 APPLICANT REQUESTS: correction of the former service member’s (FSM[NBAC(1]) DD Form 214 (Report of Transfer from Active Duty) to add all duty assignments, to include any temporary or classified duties in Alaska and his service in the Republic of Vietnam. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Transfer from Active Duty) * 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 (ABCMR) 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’s widow states she would like to have all the FSM’s duty assignments entered on his DD Form 214 to include any temporary or classified duties. The FSM participated in a classified assignment while in Alaska which is not listed on his DD Form 214, unless it was given a military code. The FSM’s physical locations while serving in the Vietnam War are very pertinent to his sickness. 3. The applicant provides: a. DD Form 214 (Report of Separation from Active Duty) dated 5 June 1975, which shows: * Item 9a (Type of Separation): Discharge * Item 9b (Station or Installation at Which Effected): Fort Wainwright, Alaska * Item 9e (Character of Service): Honorable * Item 11 (Last Duty Assignment and Major Command): Headquarters Company, Fort Wainwright, United States Army Forces Command (FORSCOM) b. North Carolina Department of Health and Human Services N.C. Vital Records Certificate of Death, dated 4 October 2016 reflects the name of the FSM as the deceased, and lists the FSM’s wife as the informant. 4. A review of the FSM’s service record shows: a. He enlisted in the United States Army Reserve (USAR) on 25 September 1972. b. Special Orders Number 203, show he was honorably discharged for expiration of term of service from the USAR Control Group (Delayed Entry) on 9 October 1972. c. His DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 10 October 1972 shows he enlisted in the Regular Army on 10 October 1972. 5. His DD Form 20 (Enlisted Qualification Record) shows in: a. Item 31 ((Foreign Service) – he was assigned to Nana, Alaska from 25 September 1974 through 9 October 1975 for a period of 13 months. b. Item 38 (Record of Assignments) shows he was assigned to multiple assignments in the Continental United States, to include his tour in Alaska. 6. A DA Form 2-1 (Personnel Qualification Record), dated 17 December 1974 shows in item 5 (Oversea Service), he was assigned to Nana, Alaska. His entry was changed from a period of 13 months to 8 months due to a personal family hardship. 7. A memorandum, issued by Headquarters, USAG, Fort Wainwright, dated 30 April 1975, by the Post Chaplain states, “I strongly recommend that his application for hardship discharge be given a positive approval.” 8. A memorandum, subject: Reason for Separation and Reenlistment Eligibility, dated 5 June 1975, shows the FSM’s separation from active duty on 5 June 1975, due to hardship reasons, was granted. 9. The FSM’s DD Form 214 (Report of Separation from Active Duty), dated 5 June 1976 shows: * Item 9b (Station or Installation at Which Effected): Fort Wainwright, Alaska * Item 9c (Authority and Reason for Separation): None * item 9e (Character of Service): Honorable * Item 11 (Last Duty Assignment and Major Command) Headquarters Company, Ft Wainwright, FORSCOM * Item 12f (Foreign and/or Sea Service): “00 08 11” 10. The FSM’s record is void of any documentation or Orders to show he served in the RVN. 11. Pursuant to regulatory guidance, classified duty stations or any classified entries are not entered on the DD Form 214, nor are all duty stations listed on the DD Form 214, only the last and major duty assignment. 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. Pursuant to regulatory guidance, only the last unit of assignment is required for listing on the DD Form 214 at the time of separation. Each assignment, to include classified assignments, are not listed on the FSM’s DD Form 214. A review of his records did not reveal any documentation to show that the FSM received orders to or served in the RVN. Based upon a preponderance of the evidence, the Board determined 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 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 20 August 1973, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. a. The DD Form 214 is the most vital document the separate will receive from the Army. The information on this form will be the determining factor as to any benefits to which he may be entitled as a result of military service and it may be instrumental in his obtaining civilian employment. It is, therefore, of paramount importance that the information entered on the DD Form 214 be complete, accurate, and in accordance with authorized entries. b. Item 11 (Last Duty Assignment and Major Command), states to enter the last assignment and major command. c. Item 16f (Foreign and /or Sea Service) states, to list 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., Foreign and/or Sea Service (USARPAC) (United States Army Pacific.) //NOTHING FOLLOWS// [NBAC(1]FSM ABCMR Record of Proceedings (cont) AR20170014600 4 1