ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	BOARD DATE:  16 September 2019

	DOCKET NUMBER:  AR20190010677


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to reflect service in Vietnam.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Order# 206
*	Personnel Transmittal Letter
*	Military 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 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 current DD Form 214 does not reflect his service in 
Vietnam within block 30 (Remarks).  He further states that he was assigned to 1st Signal 
Brigade in Saigon, Vietnam and then to 593rd Signal Company in Chulai, Vietnam.

3.  The applicant provides a:

*	DD Form 214 dated 15 January 1972 – reflective of 2 years, 8 months and        
11 days of active service with 1 year and 9 days of inclusive foreign service
*	Order# 206 dated 15 September 1969 – reflective of his assignment to 
Replacement Station at Fort Dix, NJ with a follow on assignment in Vietnam, 
Trans Detachment and then to the 86th Signal Battalion
*	Personnel Transmittal Letter dated 4 January 1971– reflective of verification 
provided by the USARV LBN RVN regarding his reassignment from the 523rd 
Support Battalion to the United States Army Vietnam Detachment on                 
10 October 1970 for further reassignment to the 21st Adjutant General 
Replacement Battalion, New York; further reflected is his departure from Vietnam 
on 13 October 1970 
*	Military Photographs – provided as evidence of service in Saigon 

4.  A review of the applicant’s available service records indicates the following on: 

*	28 April 1969 - he was inducted into the United States Army 
*	5 May 1969 (Order# 82) – he was placed on active duty for 3 years
*	15 September 1969 (Order# 206) – reflective of his assignment to Replacement 
Station at Fort Dix, NJ with a follow on assignment in Vietnam, Trans. 
Detachment APO 96307 and then to the 86th Signal Battalion APO 96353
*	31 January 1970 (Order# 27) – reflective of his reassignment from the 593rd 
Signal Company APO 96307 to the 23rd Adjutant General Company APO 96374; 
instructions indicate transportation of individual weapon and field gear required
*	6 January 1971 – he was reassigned to Germany 
*	11 January 1972 – he was released from assignment in Germany and 
reassigned to Fort Campbell, Kentucky
*	14 January 1972 (Order# 12) – he was released from active duty and transferred 
into the Army Reserve (Reinforcement)
*	1 May 1975 (Order# 04-1137769) – he was discharged from the Army Reserve 
(Reinforcement)

5.  Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its 
consideration of each case with the presumption of administrative regularity.  The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.

6.  AR 635-5 (Personnel Separations – Separation Documents) states that item 11 of 
the DD Form 214 will contain the last duty assignment and the major command to which 
the Soldier was assigned.  Foreign Service will be reflective of the total active duty time 
spent outside the continental United States for the period being covered on the form 
and the location of the last overseas theater in which service was performed. 

7.  Paragraph 2-39 (Item 22c. Foreign or Sea Service) states that the total active duty 
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 will be reflected 
within. 

8.  Paragraph 2-50 (Item 30 Remarks) states that service in Vietnam will be reflected as 
“Location and inclusive dates.”  If service in the Republic of Vietnam was not performed 
“no” will be entered.




BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, orders in his record transferring him to and from USARV, the entry reflecting 
foreign service on his DD Form 214, and the date of his release from active duty.  The 
Board found sufficient evidence to show that the applicant served in Vietnam.  Based on 
a preponderance of evidence, the Board determined that the absence of Vietnam 
service on DD form 214 was in error.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.



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 
the Army records of the individual concerned be corrected by amending his DD form 
214 for the period of service ending 15 January 1972 item 30 (Remarks) to reflect 
Vietnam Service: “October 1969 – October 1970” vice “NONE.”
 


	  
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 (AR) 635-5 (Personnel Separations – Separation Documents) 
states that item 11 of the DD Form 214 will contain the last duty assignment and the 
major command to which the Soldier was assigned.  Foreign Service will be reflective of 
the total active duty time spent outside the continental United States for the period being 
covered on the form and the location of the last overseas theater in which service was 
performed. 

3.  Paragraph 2-39 (Item 22c. Foreign or Sea Service) states that the total active duty 
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 will be reflected 
within. 

4.  Paragraph 2-50 (Item 30 Remarks) states that service in Vietnam will be reflected as 
“Location and inclusive dates.”  If service in the Republic of Vietnam was not performed 
“no” will be entered.


ABCMR Record of Proceedings (cont)	 AR20190010677

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