ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 September 2019 DOCKET NUMBER: AR20180010915 APPLICANT REQUESTS: verification he served in the Armed Forces of the United States during the Vietnam Era. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 18 July 1974 * DD Form 214 (Report of Separation from Active Duty), period ending 19 February 1975 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, in effect, his date of enlistment to Basic Training was 18 July 1974, in the rank of private first class (PFC)/E3. His active duty training was at Fort Lee, VA from December 1974 to March 1975. He states he has to prove he served during the Vietnam Era (1960-1975) for pension verification. 3. The applicant provides: a. A copy of his DD Form 4, which shows the applicant enlisted for 6 years in Florida Army National Guard in the rank of private first class (PFC)/E3 on 18 July 1974. b. A copy of his DD Form 214, showing he was released honorably from active duty for training (ADT) on 19 February 1975. 4. A review of the applicant’s service record shows: a. He enlisted in the Florida Army National Guard (FLARNG) for 6 years on 18 July 1974. b. Special Orders Number 184, dated 16 September 1974, shows the applicant was ordered to initial active duty for training (ADT) effective 3 October 1974. Special Orders Number 20, dated 28 January 1975 awarded the applicant the military occupational specialty of 76Y (Supply Specialist) upon completion of his ADT. c. Special Orders Number 245, dated 10 December 1975, issued by the State of Florida, Office of the Adjutant General, discharged the applicant, under honorable conditions (general), from the FLARNG due to unsatisfactory participation and involuntarily ordered him to active duty. d. On 6 January 1976, the applicant was enlisted in the Regular Army for a period of 18 months and 27 days. e. On 4 March 1976, the applicant received non-judicial punishment (NJP) under the provisions of Article 15, on/for: * On 4 March 1976, for being absent without leave (AWOL) on 17 February 1976 and for being AWOL from 20 February to 1 March 1976; the punishment consisted, in part, of a reduction to private, pay grade E1 (suspended) * On 4 June 1976, for failing to go to his appointed place of duty f. Special Orders Number 114, dated 10 June 1976, reduced the applicant in rank and grade from private (PV2)/E-2 to private (PVT)/E-1, effective 4 June 1976. g. On 17 September 1976, the applicant was convicted by special court-martial of unlawfully possessing heroin, a controlled substance; and of unlawfully possessing of devices used to subcutaneously administer a controlled substance. His sentence consisted of confinement at hard labor for 4 months and a forfeiture of $200.00 pay per month for 4 months. He served 82 days in confinement. h. On 19 April 1977, the applicant received NJP for failing to report for guard duty and for being disrespectful in language towards a noncommissioned officer. i. On 11 May 1977, the commander notified the applicant of his intent to separate him due to his resentment to authority, inability to adapt to the military way of life, and habitual lateness for duty. The applicant acknowledged notification and voluntarily consented to be discharged. j. On 12 May 1977, the applicant's commander recommended that he be separated from the service under the provisions of Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel), paragraph 5-37, for substandard performance, including his poor attitude, lack of motivation, and failure to demonstrate promotion potential. k. On 13 May 1977, the separation authority approved the applicant's discharge for substandard performance, including his poor attitude, lack of motivation, and failure to demonstrate promotion potential. He ordered the applicant be issued a General Discharge Certificate. l. On 23 May 1977, he was discharged under honorable conditions. His DD Form 214 shows he completed 1 year, 1 month and 8 days of creditable active service, and had 99 days of lost time due to AWOL and in confinement. 5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 5 of that regulation provided authorization for separation for the convenience of the government. Paragraph 5-37, in pertinent part, provided for a discharge based upon failure to demonstrate promotion potential. A general discharge under honorable conditions was normally issued. 6. By regulation (AR 635-5), 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 provision to list the Vietnam Era service on the DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. Based upon the review of the applicant’s record, the Board determined that the prior service of the applicant from his first term of active duty service was not reflected on the DD Form 214, ending 23 May 1977. As a result, the Board recommended adding that service and awarding the National Defense Service Medal as he entered service in July 1974 and the award ended for Vietnam in August 1974. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214, ending 23 May 1977 by * awarding and adding the National Defense Service Medal * changing Item 18b to read, “00 07 07” * changing Item 18c to read, “01 08 15” 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 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 5 of that regulation provided authorization for separation for the convenience of the government. Paragraph 5-37, in pertinent part, provided for a discharge based upon failure to demonstrate promotion potential. A general discharge under honorable conditions was normally issued. 3. Army Regulation 635-5 (Separation Documents) governs the DD Form 214. 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. ABCMR Record of Proceedings (cont) AR20180010915 4 1