ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 7 June 2019 DOCKET NUMBER: AR20180015673 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his correct social security number (SSN) in item 3 (SSN), XX-XXXX * the award of the Expert Qualification Marksmanship Badge with Rifle (M-16), Bayonet, and Pistol (.45 mm) bars in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) * his Blood Type as "A" in item 30 (Remarks) * he arrived in Vietnam on 24 November 1967 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: The applicant provided his DD Form 149 (Application for Correction of Military Record) and no other supporting documents. 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 his DD Form 214 contains incorrect and missing information. Specifically, he contends that: * his SSN is incorrect and should be "XX-XXXX" instead of "XX-XXXX" * his Blood Type is "A" versus "O" * the Expert Marksmanship Qualification Badge with Rifle (M-16), Bayonet, and Pistol (.45 mm) bars is not listed * he arrived in Bien Hoa, Vietnam on 24 November 1967 3. On 18 December 2000, the applicant was issued a DD Form 215 (Correction to DD Form 214) to show his SSN as "XX-XXXX," as such, the issues of his SSN will not be addressed in this record of proceedings further. 4. A review of his military record shows the applicant enlisted in the Regular Army on 17 June 1966. 4. His DA Form 20 (Enlisted Qualification Record) shows: * no marksmanship qualification information in item 29 (Qualification in Arms) * he served in Vietnam from 22 January 1968 through 14 June 1969, while assigned to the 98th Light Equipment Company from 28 January 1968 to 11 June 1969 * he had 108 days of lost time due to being absent without leave and dropped from the rolls for the period 1 December 1968 to 19 March 1969 * he was separated using temporary records 5. There is no Immunization Record filed in his military records. Army Regulation 635-5 (Separation Documents) stated the blood group, which is entered in item 30 (Remarks), is taken from the Immunization Record. 6. On 16 June 1969, the applicant was honorably released from active duty. His DD Form 214 shows: * he served in Vietnam (U. S. Army Pacific (USARPAC) for 1 year, 4 months, and 23 days * The specific dates of his service in Vietnam was not entered in the remarks section * he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * his Blood Group as "O" 8. The applicant was separated on temporary records and much of the information needed to complete his DD Form 214 is not available for review. These records include, but are not limited to orders awarding him the requested marksmanship badges, and evidence such as assignment orders or other documentation showing his service in Vietnam began on 24 November 1967. However, his separation date of 16 June 1969 subtracted from his 1 year, 4 months, and 23 days credited foreign service does indicate that he arrived in Vietnam on 23 January 1968, one day later than the date recorded on his DA Form 20. 9. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes that the purpose of the separation document is to provide the individual with documentary evidence of his military service. All available records will be used to prepare the DD Form 214. It states to enter in: a. Item 22c (Foreign and /or Sea Service) – the total active duty outside the continental limits of the United States for the period coved by the DD Form 214 and the last overseas theater in which service was performed. There is no provision to enter the arrival and departure dates for overseas service on the DD Form 214. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – the information listed in section 9 of the DA Form 20 (Enlisted Qualification Record), and; c. Item 30 (Remarks) – the blood group from the Immunization Record. Regulatory guidance states the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. All available records will be used to complete this form. d. Item 30 - Indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" For Indochina. Sample entry is as follows: To show service in Vietnam only, "Vietnam - 25 Apr 70 through 28 May 71, Indochina-yes, Korea-no." BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed his separation on temporary records that did not include documents supporting his claim, his statement regarding his arrival date in Vietnam and the correction to his SSN. The Board determined the preponderance of evidence supported changing his arrival date in Vietnam, but not his other requested corrections. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 for the period ending 16 June 1969 to show 1 year, 6 months and 23 days of foreign service. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding Expert Qualification Badges (M-16, Bayonet and Pistol) and correcting his Blood Type. 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), in effect at the time, prescribes that the purpose of the separation document is to provide the individual with documentary evidence of his military service. All available records will be used to prepare the DD Form 214. It states to enter in: a. Item 22c (Foreign and /or Sea Service) – the total active duty outside the continental limits of the United States for the period coved by the DD Form 214 and the last overseas theater in which service was performed. There is no provision to enter the arrival and departure dates for overseas service on the DD Form 214. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – the information listed in section 9 of the DA Form 20 (Enlisted Qualification Record), and; c. Item 30 (Remarks) – the blood group from the Immunization Record. d. Item 30 - Indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" For Indochina. Sample entry is as follows: To show service in Vietnam only, "Vietnam - 25 Apr 70 through 28 May 71, Indochina-yes, Korea-no." ABCMR Record of Proceedings (cont) AR20180015673 2 1