ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 October 2019 DOCKET NUMBER: AR20190008195 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 2 October 1973 to show his foreign service in Vietnam. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Headquarters, 82nd Airborne Division, Special Orders Number 130, dated 9 June 1966 * DD Form 214, for the period ending on 26 October 1973 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 foreign service in Vietnam is missing from his DD Form 214, ending 26 October 1973. 3. The applicant enlisted in the Regular Army on 24 September 1965. 4. The record contains and the applicant provides military orders, dated 9 June 1966, assigning him to Vietnam. 5. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) shows he served in the United States Army Pacific (USARPAC), in Vietnam, from 13 July 1966 to 10 July 1967. b. Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Detachment Support Battalion, 1st Brigade, 101st Airborne Division from 24 July 1966 to 9 July 1967. 6. The applicant's DD Form 214 for the period 24 September 1965 through 26 October 1967 shows he was discharged for the purpose of immediate reenlistment. This form also shows the completion of one year of foreign service, but does not indicate his service in USARPAC in item 22c (Foreign and or Sea Service). Additionally, item 24 does not list all the unit awards to which he was entitled, and item 30 does not contain an entry to show he served in Vietnam. (Note: These items will be administratively corrected without action by the Board.) 7. He reenlisted on 27 October 1967. During the period of this enlistment he completed foreign service in Germany (1 February 1968 through 28 January 1971) and Korea (3 March 1972 through 3 April 1973). 8. He was discharged on 26 October 1973. The DD Form 214 he was issued upon separation show in Item 22c that he completed 4 years, and 29 days of foreign service in Korea (Far East Pacific-Republic of Korea (FEPA-ROK). Item 30 of his DD Form 214 shows the entry, "Indochina No; Vietnam No; Korea Yes." 9. Regulatory guidance, in effect at the time, stated to enter in: a. item 22c the overseas theater and tour length for all foreign service completed during the period covered by the DD Form 214. b. item 30, the inclusive dates of service in Vietnam, and indicate "yes" or "no" for service in Indochina and Korea. This foreign service must have been completed during the period covered by the DD Form 214. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board noted that the DD Form 214 the applicant requests to have corrected covers the period 27 October 1967 to 26 October 1973. This DD Form 214 states "Vietnam No" because he did not serve in Vietnam during the period covered by this DD Form 214. His service in Vietnam is reflected on his DD Form 214 for the period ending 26 October 1967. 3. The Board concurred with the administrative corrections addressed in Administrative Note(s) below. 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: Other than the items addressed in Administrative Note(s) below, the Board determined 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 otherwise insufficient as a basis for correction of the records of the individual concerned. 1/10/2020 X CHAIRPERSON 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): Make the following administrative corrections to the applicant's record – 1. Correct the applicant's DD Form 214 for the period ending on 26 October 1967, as follows: a. delete from item 24 the Vietnam Service Medal and add to item 24 the Vietnam Service Medal with two bronze service stars, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, b. add to item 22c, the entry USARPAC, and c. add to item 30 (Remarks) the entry, "Vietnam, –yes – 13 July 1966 – 10 July 1967; Indochina – No; Korea – No" 2. Make the following corrections to the applicant's DD Form 214 for the period ending 26 October 1973: add the Korea Defense Service Medal to item 24. 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, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance for preparation of the DD Form 214. It stated to enter in item 22c would show the total active duty service performed 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, e.g., USARPAC. 3. AR 635-5, dated 23 January 1967, does not contain a provision for recording the overseas location or dates of foreign service in item 30 (Remarks) of the DD Form 214. However, AR 635-5, dated 23 May 1972, stated for enlisted personnel enter in item 30 (Remarks) of the DD Form 214: * 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 entries are as follows : to show service in , Vietnam only, "Vietnam-25 Apr 70 thru 28 May 71, Indochina-yes, Korea no"; to show service in Indochina (other than Vietnam) only, "Indochina-yes, Vietnam-no, Korea-no"; to show service in Korea only, "Indochina-no, Vietnam-no, Korea-yes" //NOTHING FOLLOWS//