ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 September 2022 DOCKET NUMBER: AR20210017441 APPLICANT REQUESTS: in effect, foreign service credit for classified deployments to Southeast Asia. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * TX Driver License and Social Security Card * Spouse ID * Affidavit, J.S.H. * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Certificate of marriage * Progress notes * Officer Candidate School (OCS) selection letter * Social Security Administration (SSA) letter * SSA Psychiatric Review Technique * SSA List of Exhibits * SSA Appointment of Representative FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 his DD Form 214 reflects a specialty of personnel specialist but does not acknowledge classified deployments to Southeast Asia. This correction needs to be made to acknowledge classified combat engagements so that deserved disability compensation can be applied for as combat/sharpshooter engagements resulted in a post-traumatic stress disorder (PTSD). He was advised at discharge that classified missions would never be acknowledged by the Government, and any attempt on his part to advise his family that he had been deployed on short-term classified combat missions would leave him looking like a liar. a. This led him to believe he could not confide in anyone, including future spouse about anything related to deployments. He was able to suppress the effects of traumas until he saw his son in a military school uniform in 1991. From that time he developed panic attacks, migraine headaches, and severe depression and inability to maintain employment at the level of his education, which led to a social security disability. Ruling of 100% disabled in 2001. b. This alienated his family of origin and made life very difficult for his wife and son. In 2003, he was able to enroll in VA healthcare when it was opened to all veterans by President Clinton. Although seen by VA psychiatrists and treated for PTSD, he was never able to file any type of claim as he would be rebuffed because of the DD Form 214 only listing him as a personnel specialist, even though it does list his expert marksman badge on the M-14 and his sharpshooter badge. Counselors never advised his wife of the reasons for his difficulties which made it difficult to make appropriate decisions for his entire family. c. He was stationed at Fort Drum, NY in the United States Army from 7 October 1963 to 6 October 1965 and then transferred to Reserve US Army Corps, Fort Wadsworth, NY. While at Fort Drum, he was tested for and accepted to OCS in January 1965. Subsequently, his mother was believed to have been diagnosed with Multiple Sclerosis. His father requested that he not accept the orders and leave active duty as soon as his two-year commitment was up, as he was the only son and would be needed to help support the family. As a result, there was not enough time left for him to be sent on a full 13-month tour in Vietnam. It was decided that since he was an expert marksman, he would be assigned to stealth missions for three to four weeks at a time with teams of seven who would be flown over to Southeast Asia onto a ship and then transported by helicopter into drop zones. He was a sharpshooter, others in the team were navigators, etc. The missions were mostly to attempt the pickup of downed pilots. d. He was able to suppress the effects of traumas until he saw his son in a military- school uniform in 1991. He had sent his son to a military academy in the sixth grade as he had been diagnosed with attention deficit hyperactivity disorder to get better behavioral control for him. He subsequently learned that there is a higher percentage of this disorder in the offspring of veterans who served in the Southeast Asian war. e. This triggered his combat, trance-like nightmares. His wife immediately knew something was wrong. He would be asleep yet speaking as clearly as if awake his part in firefights - giving orders - then silence for replies, etc. He then shared with his wife the nature of some of his traumatic experiences. On one occasion his team came upon a small village where the Vietcong were seen raping young girls. There was an elderly man on the outskirts of the town who spotted him and seemed to plead for their help. The team did engage successfully, and the man gave them an expression of thanks. On another occasion a pregnant woman was shooting at them, and he had to kill her. A third occasion was a sharpshooter incident where from a distance he killed a high- ranking Vietcong officer. f. In the application continuation he and his spouse explain additional events that led to his PTSD from his classified tour. The entire dialogue is available for the Board’s review. 3. The applicant was inducted into the Army of the United States on 7 October 1963. 4. DA Form 24 (Service Record) does not show evidence of combat tours or deployments. a. Section 1 (Appointments, Promotions, or Reductions) shows he was promoted to private first class on 8 June 1964. He was later temporarily promoted to specialist four (SP4) on 15 December 1964. Both promotions were at Camp Drum NY. b. Section 2 (Chronological Record of Military Service) shows: * 7 October 1963 – 11 October 1963 he was at Fort Dix, NJ * 12 October 1963 – 20 December 1963 he was at Fort Dix C Company, 2nd Training Regiment * 21 December 1963 – 2 January 1964 enroute to Camp Drum, NY * 3 January 1964 – 6 October 1965 he was with Headquarters Company U.S. Adjutant General at Camp Drum, NY * 7 October 1965 he was transferred to II US Army Corps c. Section 5 (Service Outside Continental US) has no entries. d. DA Form 20 (Enlisted Qualification Record) does not have any entries related to deployment. 5. The applicant provided OCS selection letter dated 26 January 1965, showing he was selected to attend OCS on or before 14 March 1965. 6. He was honorably released from active duty and was transferred to US Army Control Group (Annual Training) on 6 October 1965, in the rank of SP4 (T) with a date of rank of 15 December 1964. His DD Form 214 shows he completed 2 years of net service this period. There is no evidence of deployment in the available record. His records do not contain any other DD Form 214. 7. The applicant also provided progress notes, SSA letter, SSA Psychiatric Review Technique (Summary Review Report) in which the notice of decision was fully favorable. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered through counsel the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined the governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board determined the applicant’s record is absent any periods of foreign service in support of classified missions and has insufficient evidence that supports his request. Based on this the Board determined relief was not warranted and denied relief. 2. This board is not an investigative body. The Board determined despite the absence of the applicant’s deployment records, they agreed the burden of proof rest on the applicant, however, he did not provide any supporting documentation and his service record has insufficient evidence to support the applicant contentions foreign service. 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. 5/22/2023 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. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-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 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for: Item 24c (Foreign and/or Sea Service) Enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed, e.g., "Foreign and/or Sea Service (USAREUR).” //NOTHING FOLLOWS//