ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 November 2019

	DOCKET NUMBER:  AR20180012562


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

*	awards and decorations he earned for service in Vietnam
*	his foreign service (Vietnam and Korea)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self-Authored Statement
*	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 applicant states he entered service in October 1964.  In May 1965 he was 
moved from Fort Eustis, VA to Fort Hood, TX.  His unit was sent from Fort Hood, TX 
to Oakland Army Terminal, CA to await follow-on travel to Vietnam.  While in 
Vietnam, he sustained a non-combat but, service related injury halfway through his 
13 month tour.  He was evacuated from Vietnam to the Philippines and then 
eventually Japan for his medical treatment.  He spent 4 months hospitalized fighting 
infections and became addicted to morphine, Demerol and other medications.

He returned to Vietnam four months later, was promoted to specialist/(E-4) and 
completed the remainder of his tour.  He was self-medicating during the remainder 
of his tour in Vietnam.  Although it was relative easy to self-medicate in Vietnam, it 
became a problem once he was assigned to Fort Eustis, VA as an instructor at the 
aviation school.  Paying for his addiction became a problem so he reenlisted in 
December 1966 for a variable reenlistment bonus.  Before long, his bonus was gone 
and the troubles started.  He was reduced to private and had to leave the Newport 
News, VA area to get away from his drug debt.  He tried to get another tour in 
Vietnam but, instead was sent to Korea.  He did a one-year tour in Korea.  He 
returned to the U.S. still addicted to drugs and only a private first class/(PFC).  He 
went absent without leave (AWOL), while AWOL he got into some civil trouble.  He 
was returned to military control and discharged from the service.  He received an 
honorable discharge after his first enlistment.  During his second enlistment, he 
received a general, under honorable condition discharge as a result of his AWOL 
and civil troubles.

The applicant seems to think all record of his service is gone.  The only DD Form 
214 he has access to contains incorrect information.  He indicates it does not reflect 
his service or rank on the first discharge document (DD Form 214).  His statement of 
service, (Item 22) of his DD Form 214 did not reflect his foreign service in Item 22c.  
The applicant says his life is or has become a disaster.  His only proof of serving in 
Vietnam are a few photos that are attached to this request.  All of the Vietnam 
Veterans he has met were awarded campaign ribbons associated with their Vietnam 
service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and 
Campaign Ribbons) of his DD Form 214 states none.  He understands that he may 
have waited too long to ask for help, however, he doesn’t have much time left.  His 
request for help is for a peace of mind rather than financial benefit.

3.  The applicant’s service records shows

	a.  He enlisted in the Regular Army on 13 November 1964.  Block 32 (Prior 
Service) of his DD Form 4 (Enlistment Record – Armed Forces of the United States) 
shows he was honorably discharged on 15 December 1966.  He immediately 
reenlisted on 16 December 1966 for four (4) years in his present duty assignment at 
Fort Eustis, VA.

	b.  There is no evidence of the applicant’s assignment to Fort Hood, TX in 1965 
or his follow on unit movement by train through Oakland Army Terminal, CA to 
Vietnam.

	c.  Special Orders Number 329, dated 3 December 1968, reassigned the 
applicant from Korea to Redstone Arsenal, AL with a reporting date on or about 
16 January 1969.

	d.  DA Form 188 (Extract of Morning Report) shows the applicant failed to arrive 
his new duty station.  He was reported AWOL effective 16 January 1969.

	e.  His DA Form 20, Item 31 (Foreign Service) does not reflect his tour of duty in 
Korea.

	f.  His DD Form 214 for the period of 13 November 1964 to 15 December 1966 is 
not available for the Board to review.

	g.  On 5 November 1973, the applicant was discharged under the provisions of 
Army Regulation 635-206 (Personnel Separations-Discharge Misconduct) by reason 
of Conviction by Civil Court.  He was discharged as a private first class/(E-3) and 
issued a general, under honorable condition discharge.  His DD Form 214 shows he 
completed 2 years, 5 months, and 15 days with 1,665 days of lost time.

4.  By regulation, AR 635-5 (Separation Documents), in effect at the time, states 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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
that relief was not warranted.  Based upon the documentary evidence provided by 
the applicant and found within the military service record, the Board found that there 
was insufficient evidence to show that the applicant ever served in Korea and 
Vietnam.  As a result, the Board concluded there was insufficient evidence of an 
error or injustice which would warrant a correction.

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.

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, states 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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180012562

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