ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  31 October 2019

	DOCKET NUMBER:  AR20170015005


APPLICANT REQUESTS: correction to DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 16 August 1967 of her deceased husband, a former service member (FSM) to add service in Vietnam and Korea.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Georgia Death Certificate
* Photographs

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 FSM's spouse states that her late husband served in Vietnam and Korea and his service is not recorded on his DD Form 214.   The FSM spouse is hopeful the foreign services will be listed on the FSM DD Form 214 so that she can claim her survivor benefits. 

3.  The FSM spouse provides:

	a.  A copy of DD Form 214 showing the FSM’s service from 17 August 1964 to 16 August 1967.

   b.  A copy of the FSM’s death certificate issued by the state of Georgia.

   c. Copies of photographs of the FSM on active duty, labeled with the FSM’s name and Korea.

4.  Review of the FSM's service records shows:
a. He enlisted in the Regular Army on 17 August 1964.

	b.  He completed basic training and advanced individual training at Fort Jackson SC.  He was awarded military occupational specialty 63B20, (wheel vehicle mechanic).

	c.  He served in Korea from 6 April 1965 to 4 June 1966 in the 13th Signal Battalion.  

   d.  The FSM’s record is void of service in Vietnam for the Board to review.

   e.  On 16 August 1967, he was honorably released from active duty and  transferred to the Army Reserve to complete his military obligation ending 16 August 1970.  His DD Form 214 shows he served 3 years of active service.  It also shows he served 1 year, 1 month and 29 days of foreign and or sea service in the overseas theater of United States Army Pacific (USARPAC) in item 22 (c).  He was awarded or authorized:  

* National Defense Service Medal
* Expert Marksmanship Qualification Badge w Rifle Bar (M14)

5.  By regulation AR 635-5 (Separation Documents) the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 22c Enter total active duty outside continental limits of the United States for the period covered by DD Form 214 and the last oversea theater in which service was performed, e.g., “Foreign and Sea Service (USAREUR).”
 
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was partially warranted.  There is evidence of his service in Korea from 6 April 1965 to 4 June 1966. This is reflected as the foreign service on the DD Form 214, part of the U.S. Army Pacific Command (USARPAC).  The Board found no evidence of any service in Vietnam within the documentary evidence.  

Based upon the request of the applicant and the military record of the applicant, the Board determined that adding the word “Korea” next to USAPAC was appropriate. Partial Grant to say the word Korea and deny the portion related to Vietnam. 
However, the Board concluded there was insufficient evidence to show service in Vietnam, so the Board recommended denying that portion of the request.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by re-issuing the applicant's DD Form 214 for the period ending 16 August 1967 to add the word Korea next to the word USARPAC in block 22c.  

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to any service in Vietnam.

	 
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) in effect at the time, the 
DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.   Item 22c Enter total active duty outside continental limits of the United States for the period covered by DD Form 214 and the last oversea theater in which service was performed, e.g., “Foreign and Sea Service (USAREUR).”

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170015005


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