ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20180007086


APPLICANT REQUESTS: a reconsideration of his previous request to add his foreign service in Vietnam on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Army Board for Correction of Military Records (ABCMR) Memorandum to the applicant (RE: AR20150010123), dated 29 April 2016
* Letter of support with photo from X___x X___x
* Photos of Soldiers in a military environment (6 pages, some containing the date “APR 1968”)
* DD Form 214 (applicant’s number “4” copy), period ending 24 April 1968
* DD Form 214 (from X___x X___x), period ending 15 May 1969

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in:

* Docket Number AR20150010123 on 28 April 2016.
* Docket Number AR20140018138 on 11 June 2015

2.  The applicant states his DD form 214 should show his active duty in Vietnam.  He states he served with the 82nd Airborne, 320th Artillery in Vietnam.

3.  The applicant provided:

	a.  A copy of the ABCMR denial memorandum, dated 29 April 2016, for Docket Number 20150010123.  The memorandum denied a reconsideration of ABCMR Docket Number AR20140018138, dated 11 June 2015.

	b.  A letter of support from X___x X___x (with a photo included), dated 30 March 2018, which states he served in Vietnam with Headquarters, 1st of the 508th Airborne.  Mr. X___x X___x states his unit landed in Chu Lai where they remained for 2 months before convoying north towards DMC during the Tet Offensive.  He states they stopped to refuel at a Marine Base in Danang.  During the stop, he met and chatted with the applicant (referenced in the attached photo with the letter of support).  He states he knew the applicant, before military service, from the time he lived in X____, NC.

	c.  Copies of photos (six pages), some of which contain the month and year of 
“APR 1968” stamped on them, showing uniformed servicemen in a field environment containing tents, bunkers and Soldiers sitting together, operating an artillery gun).  One photo contains two people carrying baskets.

	d.  A copy of his DD Form 214, showing that he was honorably transferred from “82nd REPL CO-TUSA” on 24 April 1968 as an overseas returnee to the U.S. Army Reserve (USAR) Control Group (Annual Training). 

	e.  A copy of Mr. X___x X___x's DD Form 214 that shows he was discharged honorably from “HHC 1/508, 82nd ABN DIV, USARPAC” on 15 May 1969 as an overseas returnee and was also transferred to the USAR Control Group (Annual Training).  Although Mr. F_ provided a letter of support, there is no evidence he consented to his DD Form 214 being used as evidence in this case. 

4.  A review of the applicant’s service record shows:

	a.  He was inducted into the Army of the United States on 4 May 1966.  He held the military occupational specialty (MOS) 13A (Field Artillery Basic).

	b.  His DA Form 20 (Enlisted Qualification Record) shows:

* Item 31 (Foreign Service) does not list any foreign service for the applicant
* In Item 38 (Record of Assignments) after he completed initial entry training at Fort Sill, OK and Basic Airborne School at Fort Benning, GA, on or about September 1966, he was assigned to B Battery, 1st of the 319th Artillery, Fort Bragg, from on or about 14 October 1966 to on or about 28 October 1966; on or about 15 April 1968, he was shown to have been assigned to the 82nd Replacement Detachment, Fort Bragg, until he was transferred to the USAR Control Group (Annual Training) on or about 24 April 1968
* Item 39 (Campaigns) does not list any campaigns for the applicant

	c.  The applicant was honorably released from active duty on from “82ND REPL CO-TUSA” on 24 April 1968, as an overseas returnee (SPN – Separation Program Number 411) and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His DD Form 214 also shows:

* Item 22c (Foreign and/or Sea Service), 2 months of foreign service in USARPAC (U.S. Army Pacific)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not reference any awards or ribbons authorized or awarded for service in Vietnam
* Item 30 (Remarks) does not contain information regarding the location the applicant served overseas

4.  ABCMR Docket Number AR20150010123, dated 28 April 2016, which was a reconsideration for ABCMR Docket Number AR AR20140018138, dated 11 June 2015, denied the applicant’s request to add his service in Vietnam to his DD Form 214.  The Board determined there was no evidence in the applicant’s service records and he did not provide substantial evidence that showed he served in Vietnam.

5.  By regulation (AR 635-5 (Separation Documents)), item 22c shows the total active duty outside the continental limits of the United States for the period covered by the 
DD Form 214 and the last overseas theater in which service was performed.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board determined there was no evidence such as orders, awards, DA Form 20, manifest, or other documents to show the applicant ever served in Vietnam.  For that reason, the Board concluded that there was insufficient evidence of an error or injustice which would warrant making a change to the applicant’s military 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 to amend the decision of the ABCMR set forth in Docket Number AR20150010123 on 28 April 2016 and Docket Number AR20140018138 on 11 June 2015.


	 
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.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  It stated that item 22c shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed.

2.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows only Headquarters and Headquarters Company, 3rd Brigade, 82 Airborne.  The 320th Artillery is not mentioned in this pamphlet.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180007086


4


1