ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 May 2019 DOCKET NUMBER: AR20170016886 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show his service in Vietnam. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Veterans Affairs (VA) Case Transcript Memorandum * Self-Authored Statements * Separation Recommendation Memorandums * Separation Counseling Memorandum * Separation Approval Memorandum * Self-Authored Statement (Response to Separation) * Chain of Command Request for Permissive Reassignment * Medical Excerpt (Hematology & Oncology Note) * Certified Main Receipt to Secretary of Veteran Affairs (VA) * Certified Main Receipt to Secretary of the Army * Certified Main Receipt to Secretary of VA * Congressional Inquiry Response * VA Form 21-4138 (Statement in Support of Claim) * Additional Service Information * Chaplain Separation Recommendation Memorandum * Mental Hygiene Neuropsychiatric Report * VA Form 23-3183 (Adjustment of Duplicate File Numbers) * Personnel Data Sheet * Individual Training Record * DOD Discharge Review Program (Special) Instruction Sheet * DOD Discharge Review Program (Special) Upgrade Approval Memorandum * DD Form 4 (Enlistment Record-Armed Forces of the United States) * DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge), ending on 5 March 1970 * DD Form 214 (Report of Separation from Active Duty), ending on 5 March 1970 * 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 records were falsified and forged * his Vietnam service is not indicated on his DD Form 214 * his DD Form 214 only has 3 months of his time in Korea 3. The applicant provides: a. VA Case Transcript Memorandum, dated 15 May 1978, which states that the applicant discharge verbiage was vague, and the information contained in the applicants file is inaccurate. b. Self-Authored Statements, which states that the applicants 201 file (Military Personnel Records Jacket) was falsified and documents were forged with his signature. He also states that his DD Form 214, only states he was in Korea for three months, and has no record of his Vietnam tour. c. Separation Recommendation Memorandums, dated 6 February 1970, which has the Company Commander’s recommendation for discharge for unfitness under Army Regulation (AR) 635-212 (Discharge Unfitness and Unsuitability). d. Separation Counseling Memorandum, dated 28 May 1969, which states the applicant understands he may be ineligible for many benefits as a veteran under both Federal and State laws. e. Separation Approval Memorandum, dated 25 February 1970, which states the applicant will be furnished an undesirable discharge certificate. f. Statement of Support, dated 21 April 1970, which states the applicant worked as a mail clerk from May 1968 through September 1969. g. Chain of Command Request for Permissive Reassignment, dated 26 August 1969, which states that a transfer for the applicant would be beneficial for the applicant. h. Medical Excerpt (Hematology & Oncology Note), dated 9 September 2016, which states the applicant is currently undergoing chemotherapy. a. i. Certified Main Receipt to Secretary of Veteran Affairs (VA) and Army, dated 19 May 24, and 20 May 2005. j. Congressional Inquiry Response, dated 5 November 1969, which states the applicant applied for a compassionate reassignment. k. VA Form 21-4138 (Statement in Support of Claim), dated 8 April 1977, which states he needs his Vietnam service annotated on his DD Form 214, and that half of his record was missing. l. Chaplain Separation Recommendation Memorandum, dated 15 January 1970, which states the applicant had a long history of maladjustment to military service and should be administratively separated. m. Mental Hygiene Neuropsychiatric Report, dated 27 January 1970, which states the applicant was psychiatrically cleared for administrative separation. n. VA Form 23-3183 (Adjustment of Duplicate File Numbers), dated 30 June 1970. o. Personnel Data Sheet and Individual Training Record, undated. p. DOD Discharge Review Program Instruction Sheet, dated 15 April 1977. q. DOD Discharge Review Program Upgrade Approval Memorandum, dated 17 June 1977, which states that the applicants discharge had been upgraded. r. DD Form 4 (Enlistment Record-Armed Forces of the United States), undated. 4. A review of the applicants’ service record shows the following: a. He was inducted into the Regular Army (RA) on 17 Jul 1963. He served in Korea from 10 May 1964 through 30 August 1965 for a total of 16 months. b. He was honorably discharged on 23 May 1965 for immediate reenlistment. His DD Form 214 for this period of service shows he completed 1 year, 9 months, and 18 days of total service, of which 1 year and 14 days was foreign service. c. He reenlisted in the RA on 24 May 1965. He accepted Non-judicial Punishment on 6 occasions for a variety of infractions (violating a lawful order, disobeying a direct order, failure to obey regulations, failure to report for duty, failure to repair for duty). d. He has four court-martial convictions for four specifications of absent without leave (AWOL) from 8 May 1964 to 5 May 1969. a. e. On 6 February 1970, his immediate commander initiated action to separate him under the provisions of Army Regulation (AR) 635-212 for unfitness. f. The applicant acknowledged receipt of the commander's intent to separate him on 12 February 1970. He sought and was advised by counsel of the basis for the action to separate him under AR 635-212, and its effects; of the rights available to him; and the effect of any action taken by him in waiving his rights. g. His immediate commander forwarded the initiated separation action against him due to unfitness to the next higher command. His chain of command recommended approval. On 25 February 1970, consistent with the chain of command’s recommendations, the separation authority approved the applicant’s discharge under the provisions of AR 635-212. h. On 5 March 1970, the applicant was discharged under the provisions of AR 635-212. His DD Form 214 shows in: * item 13a (Character of Service), Under Conditions Other Than Honorable * item 22c (Foreign and/or Sea Service), Korea (3 months, and 7 days) * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), National Defense Service Medal * item 30 (Remarks), no entry documenting service in Vietnam i. On 28 Aug 1978, the applicant had his from under conditions other than honorable character of discharge upgraded under the DOD Discharge Review Program (Special) to under honorable conditions. His DD Form 214 shows in: * item 9e (Character of Service), Under Honorable Conditions * item 18f (Foreign and/or Sea Service), Korea (3 months, and 7 days) * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), National Defense Service Medal * item 27 (Remarks), no entry documenting service in Vietnam 5. Item 31 (Foreign Service) of his DA Form 20 (Enlistment Qualification Record) shows his only foreign service as Korea from 10 May 1964 to 30 August 1965 for a total of 16 months. There is no indication of any Vietnam service in the applicant’s record. 6. By regulation (AR 635-5), item 22c of the version of the DD Form 214 in effect at the time listed the total service completed outside continental United States during the period covered by the DD Form 214 together with the major overseas/command. 1. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary presented by the applicant and found within the military service record, the Board found no evidence that the applicant served in Vietnam during his military service. For that reason, the Board found no error or injustice which warrants a correction to the record. 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. 5/10/2019 X CHAIRPERSON Signed by: 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 22f would show the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where the foreign service was performed, e.g., USAREUR (U.S. Army Europe) or USARPAC U.S. Army Pacific).