ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  4 October 2019

	DOCKET NUMBER:  AR20190011319


APPLICANT REQUESTS: The applicant, the Former Service Member’s (FSM) widow 
requests correction of the FSM’s DD Form 214 (Armed Forces of the United States 
Report of Transfer or Discharge) to show foreign service in Vietnam.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Congressional support request
*	DD Form 214, dated 24 May 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 (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, the FSM said he was in Vietnam and was only 3 years of age 
during the Korean War.

3.  A review of the FSM’s official records show the following on:

*	24 July 1970 – the FSM enlisted in the Regular Army
*	DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) 
Republic of Korea from 29 September 1971 – 25 October 1972, normal tour 
completion
*	24 May 1973 – the FSM was honorably released from active duty, DD Form 214 
shows in item 22c (Foreign and/or Sea Service) 1 year and 27 days, and item 30 
(Remarks) shows Korean Service “Yes”
*	the FSM’s records are void of any orders assigning/deploying him to Vietnam, 
likewise it is void of any awards or decorations associated with service in 
Vietnam

4.  The applicant provides a request for congressional support through the Honorable 
G- T-‘s office.

5.  Army Regulation (AR) 635-5 (Separation Documents) in effect at the time prescribes 
the separation documents that will be furnished each individual who is separated from 
the Army.  All available records will be used as a basis for the preparation of                            
DD Form 214, including DA Form 20.  

*	item 22c; enter the total active duty outside of the continental limits of the United 
States for the period covered by the DD Form 214
*	item 30; the "Remarks" section will be used to complete entries too long for their 
respective blocks

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, the Soldier’s 
record of service to include assignment to Korea, the reason for his separation and his 
DD Form 214.  The Board found no evidence of the Soldier serving in Vietnam, and the 
applicant provided none in support of her statement.  The Board did find the Soldier 
served in Korea from September 1971 to October 1972.  Based on a preponderance of 
evidence, the Board found that the overseas service on the Soldier’s DD Form 214 was 
not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
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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):  N/A

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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.  AR 635-5 (Separation Documents) in effect at the time prescribes the separation 
documents that will be furnished each individual who is separated from the Army.  All 
available records will be used as a basis for the preparation of DD Form
214, including DA Form 20.  

*	item 22c; enter the total active duty outside of the continental limits of the United 
States for the period covered by the DD Form 214
*	item 30; the "Remarks" section will be used to complete entries too long for their 
respective blocks


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190011319
	
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