ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 17 May 2019 DOCKET NUMBER: AR20180015402 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to: * list all of the military posts and the dates he served * list his service in the Republic of Vietnam (RVN) in 1969 * record injuries at Fort Benning, GA and the RVN APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * 2 photographs * an Operational Report dated 12 May 1968 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 requested, in effect, a copy of his medical treatment records. This portion of the applicant's request will not be addressed in this case. Medical treatment records may be obtained by mailing a letter or Standard Form 180 (Request Pertaining to Military Records) to: National Personnel Records Center, 1 Archives Drive, St. Louis, MO 63138. 3. The applicant was inducted into the Army of the United States on 23 August 1967. 4. His available records contain: a. DA Form 20 (Enlisted Qualification Record) which was last audited on 10 June 1969. Item 38 (Record of Assignments) shows he served at Fort Lewis, WA as a trainee from 23 August 1967 to 3 June 1969 and at Fort Ord, CA from 10 June to 5 December 1969, as an instructor helper. b. Special Orders (SO) Number 31 issued by Headquarters (HQ), 82nd Airborne Division, Fort Bragg, NC on 7 February 1968, reassigned him to Company C, 307th Engineer Battalion. c. SO Number 66 issued by HQ, 3rd Brigade, 82nd Airborne Division, Army Post Office (APO) San Francisco dated 15 May 1968, which lists him as a member of Company C, 307th Engineer Battalion. 5. The applicant received punishment under Article 15, Uniform Code of Military Justice for, without authority, absenting himself from Company C, 307th Engineer Battalion, 3rd Brigade, 82nd Airborne Division, located at APO San Francisco, CA from 7 August 1968 to 20 November 1968. 6. The applicant was honorably released from active duty upon the expiration of his term of service on 5 December 1969. Item 22c (Foreign and/or Sea Service) of the DD Form 214 he was issued does not indicate any foreign service. He was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 7. The applicant provides 2 photographs of a Soldier in front of a vehicle entitled Vietnam 1968 and an Operational Report dated 12 May 1968, pertaining to 3rd Brigade, 82nd Airborne Division for the period ending 30 April 1968. The report does not list the applicant by name. 8. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 9. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. There is no provision in the regulation to list individual military posts and the dates served at each installation as this information is listed on a Soldier's DA Form 20. BOARD DISCUSSION: The evidence presented does not demonstrate the existence of a probable error or injustice. The applicant’s official record is void of evidence that the applicant served in Vietnam or was assigned at Fort Benning, GA. The applicant’s DA Form 20, Enlisted Qualification Record shows that the applicant served at Fort Lewis, Washington, and Fort Ord, California. Individual unit and post assignments are not included on a service member’s DD Form 214. The available records were devoid of any evidence of injury(ies). Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 635-5 (Separation Documents), then in effect, prescribes the transition processing function of the military personnel system. It establishes the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Item 22c is completed by entering the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180015402 4 1