ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  . 

	BOARD DATE:  23 August 2019

	DOCKET NUMBER:  AR20180002406


APPLICANT REQUESTS:  the correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) to reflect:

*	assignment to the 503rd Chemical Detachment, 199th Infantry Brigade in Vietnam
*	award of the Vietnam Service Medal
*	the time that he spent in the Army Reserve

APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record)

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 that he was sent on “temporary duty orders” to the 503rd 
Chemical Detachment in Vietnam during October of 1969.  He recalls being assigned to 
the 199th Infantry Brigade for approximately ten (10) days in order to provide training to 
their replacements on chemical equipment.  He also states that once he was released 
from active duty that he served in the Army Reserve as a Drill Instructor. This time is not 
reflected on his DD Form 214 either.

3.  The applicant did not provide any additional documents in support of his request. 

4.  A review of the applicant’s service records reflects the following on: 

*	12 February 1968 – he was inducted into the Army for 3 years 
*	19 September 1969 (per his DA Form 20/Enlisted Qualification Record) – he 
served in Korea until 15 September 1970
*	19 April 1969 (per his DD Form 214) – he served in Vietnam until 15 September 
1970
*	15 September 1970 (Order# 258) – he was transferred into the Army Reserve 
(Reinforcement) effective 16 September 1970; received the Armed Forces 
Expeditionary Medal (Korea) and National Defense Service Medal
*	1 October 1973 (Order# 11-485007) – he was released from the Army Reserve 
(Reinforcement) Group and assigned to a Reserve unit 
*	20 February 1974 (Order# 2-1622) – he was discharged for immediate 
reenlistment in the Army Reserve effective 11 February 1974 for 1 year
*	15 July 1975 (Order#7-644) – he was discharged from the Army Reserve

5.  The applicant did not provide nor does review of his records indicate assignment to 
the 503rd Chemical Detachment or the 199th Infantry Brigade in Vietnam.

6.  Army Regulation (AR) 672-5-1 (Decorations, Awards, and Honors – Military Awards) 
states that the Vietnam Service Medal is awarded to personnel serving in Vietnam and 
the contiguous waters or airspace there over between 3 July 1965 through 28 March 
1973.  Soldiers stationed in Thailand, Laos or Cambodia during this period of time and 
serving in direct support of operations in Vietnam are also eligible for this award.  To be 
eligible, you must have served at least 1 day with an organization participating in or 
directly supporting military operations, or serve on temporary duty for 30 consecutive 
days or 60 nonconsecutive days in Vietnam.  This time limit may be waived for persons 
participating in actual combat operations.

7.  AR 635-5 (Separation Documents) paragraph 2-1 (Preparing and Distributing 
Separation Documents) states that the DD Form 214 is a summary of a Soldiers most 
recent period of active duty.  Reserve component Soldiers will not be issued a DD Form 
214 for periods of active service for less than 90 days or more of continuous service.

8.  Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its 
consideration of each case with the presumption of administrative regularity.  The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records. The Board considered the applicant’s statement, his record of 
service, his assignment history and the entry for foreign service on his DA Form 20 and 
the AFEM (Korea) and the entry in remarks for VN service on his DD Form 214.  The 
Board found insufficient evidence that the applicant served in Vietnam during the period 
cited on his DD Form 214 and the applicant provided no additional documents in 
support of his statement.  The Board found that his period of active duty is correctly 
recorded on his DD Form 214 and advises the applicant that later Reserve service is 
not included on the DD Form 214 when he was separated from active duty.  Based on a 
preponderance of evidence, the Board determined that the contested entries on the 
applicant’s DD Form 214 were not in error or unjust. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
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.


ADMINISTRATIVE NOTE(S):

Not Applicable




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 (AR) 672-5-1 (Decorations, Awards, and Honors – Military Awards) 
states that the Vietnam Service Medal is awarded to personnel serving in Vietnam and 
the contiguous waters or airspace there over between 3 July 1965 through 28 March 
1973.  Soldiers stationed in Thailand, Laos or Cambodia during this period of time and 
serving in direct support of operations in Vietnam are also eligible for this award.  To be 
eligible, you must have served at least 1 day with an organization participating in or 
directly supporting military operations, or serve on temporary duty for 30 consecutive 
days or 60 nonconsecutive days in Vietnam.  This time limit may be waived for persons 
participating in actual combat operations.

3.  AR 635-5 (Separation Documents) paragraph 2-1 (Preparing and Distributing 
Separation Documents) states that the DD Form 214 is a summary of a Soldiers most 
recent period of active duty.  Reserve component Soldiers will not be issued a DD Form 
214 for periods of active service for less than 90 days or more of continuous service.

4.  AR 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of 
each case with the presumption of administrative regularity.  The applicant has the 
burden of proving an error or injustice by a preponderance of the evidence.

ABCMR Record of Proceedings (cont)	 AR20180002406

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