ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 October 2019 DOCKET NUMBER: AR20170014789 APPLICANT REQUESTS: the following information be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * his period of “Missing in Action” (MIA) during Vietnam * Coast Guard Reserve duty * Malaria in July 1971 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 states that: a. His infantry unit (company), “D” Company, 1st Battalion, 506th Infantry Regiment, 101st Airborne, had over 60 wounded in action and 9 men that were killed in action (KIA) during their service in Vietnam. Those 9 KIA men are listed as “died while missing in action” (MIA) on the KIA records; therefore his company was MIA during the 2 day period from 20 July 1970 to 21 July 1970. He requests his DD Form 214 be corrected to show he was “MIA” for those 2 days. b. In effect, he is requesting both his Coast Guard Reserve service and his Malaria be added to his DD Form 214. His DD Form 214 does not show both, his Coast Guard Reserve duty, and that he had malaria in July 1971, after his return from Vietnam. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army (RA) on 9 December 1969. b. DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Foreign Service) Vietnam for the period from 29 May 1970 to 26 April 1971 * Item 38 (Record of Assignments) “A” Company, 1st Battalion, 506th Infantry Regiment, where he served as an 11B10 rifleman c. Standard Form 88 (Report of Medical Examination), dated 7 January 1972, shows in Block 73 (Notes) Malaria June 1971. d. Special Orders # 27, dated 27 January 1972, published by Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, KS, show the applicant was relieved from Active Duty (REFRAD), not by reason of physical disability, and transferred to the U.S. Army Reserve (USAR), effective 1 February 1972. e. There is no indication in the applicant's service record that he was reported in a missing status. There are no Western Union telegrams advising his next of kin that he was missing or an entry on his DA Form 20 reporting him in a missing status. f. He was honorably released from active duty on 1 February 1972. His DD Form 214 shows in: * Block 22a(2) (Other Service) the entry 0-0-0, indicating no other service * Block 32 (Remarks), his service in Vietnam (29 May 1970 to 26 April 1971), education level, blood type, MOS evaluation, excess leave, and additional awards. No entry is made showing he was in a missing status. g. There is no indication in his service record that shows he served in the U.S. Coast Guard, whether such service was active, or if he had been issued on a separate DD Form 214 for this service. h. Reserve Letter Orders #3-212, dated 26 March 1973, published by Headquarters Sixth United States Army, shows the applicant was assigned to the USAR Control Group (Reinforcement), St. Louise, MO, effective 27 March 1973. i. Letter Orders #11-1320037, dated 25 November 1975, published by the Office of The Adjutant General, Reserve Components personnel and Administration Center, St. Louis, MO, shows the applicant was honorably discharged from the USAR Control Group (Standby), on 1 December 1975, by reason of his expiration of term of service. 4. By 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. There is no stipulation in this regulation to list missing in action status (unless in a prisoner of war status) or diseases such as malaria. 5. By regulation (AR) 15-185 (ABCMR) the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. His request to correct his DD Form 214 by showing his service in the U.S. Coast Guard Reserve is not within the purview of the ABCMR. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the requested relief was not warranted. The applicant’s contentions were carefully considered. The applicant is advised regulatory guidance during his period of service did not provide for the listing of duty status changes nor illnesses. In addition, the Board agreed there was no evidence of U.S. Coast Guard service prior to the ending date of the DD Form 214. Service completed after the period covered by the DD Form 214 would not reflect on the form as it covers circumstances through its ending date. However, the Board did note he received excellence ratings for his conduct and efficiency, and there is no record of court-martial. The Board agreed he should be awarded the Army Good Conduct Medal for his service. 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: 1) 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. 2) However, prior to closing the case, the Board determined the evidence presented is sufficient to warrant a recommendation for other relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 9 December 1969 through 1 February 1972, and adding the award to his DD Form 214 for the period ending 1 February 1972. 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 (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. 3. AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014789 4 1