IN THE CASE OF: BOARD DATE: 19 October 2022 DOCKET NUMBER: AR20220002656 APPLICANT REQUESTS: reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 November 1973 to show his foreign service in Vietnam and Korea, as well as any authorized awards and decorations for his service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Self-authored Letter, 16 December 2021, in lieu of DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * four DA Forms 305-3 (Personnel Roster), 31 August 1965, 30 September 1965, 31 October 1965, 25 July 1966 * Honorable Discharge Certificate, 15 December 1966 * Army Board for Correction of Military Records (ABCMR) Docket Number AR20180012562, 19 November 2019 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20180012562 on 19 November 2019. 2. The applicant states he located copies of DA Forms 305-3 that were not previously provided, showing he was transported to Vietnam and thereby justifying his service while stationed in Qui Nhon, Vietnam. 3. His available records show he enlisted in the Regular Army on 13 November 1964 for a period of 3 years. 4. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he immediately reenlisted on 16 December 1966 at Fort Eustis, VA, for a period of 4 years. Item 32 (Prior Service) shows he was previously honorably discharged on 15 December 1966 for immediate reenlistment under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). He completed 2 years, 1 month, and 3 days of total active service prior to reenlistment. His military occupational specialty is shown as 67K (Multi-Engine Airplane Repairman). His DD Form 214 covering his active service from 13 November 1964 through 15 December 1966 is not in his available records. 5. The DA Form 305-3, 31 August 1965, prepared by the Adjutant General Data Processing Branch, Headquarters, Fourth U.S. Army, lists his name as a member of the 79th Transportation Company (en route). (Note: During the 1960s, Fourth U.S. Army operated an infantry training school at Fort Polk, LA, to prepare new recruits for infantry combat in Vietnam.) 6. The DA Forms 305-3, 30 September 1965 and 31 October 1965, prepared by the 27th Data Processing Unit, Tan Son Nhut, Vietnam, list his name as a member of the 79th Transportation Company (Direct Support). 7. The DA Form 305-3, 25 July 1966, prepared by the Adjutant General Processing Division, U.S. Army Pacific, lists his name as a member of the 79th Transportation Company Aircraft (Direct Support). 8. His Honorable Discharge Certificate shows he was honorably discharged from the Regular Army in the rank/grade of specialist four/E-4 on 15 December 1966. 9. His self-authored letter to the Office of the Judge Advocate General, March 1973, notes: * he is presently listed as a deserter since January 1969 and is currently incarcerated in with a release date of 23 May 1973 * he enlisted in November 1964 * in August 1966 he was sent to Vietnam for a period of 13 months * he received a non-combat wound in Vietnam and was hospitalized in Japan for a period of 4 months * in September 1966 was sent to Fort Eustis, VA * he was sent to Korea in November 1967 * he departed Korea in December 1968 en route to his new assignment at Redstone Arsenal, AL * he failed to report in January 1969 due to personal and professional stressors and he has been absent without leave (AWOL) ever since 10. His DA Form 20 (Enlisted Qualification Record), 30 October 1973, shows in: * item 31 (Foreign Service) – no foreign service * item 38 (Record of Assignments) – no assignments in Vietnam or Korea (consolidated entry for 13 November 1946 through 15 November 1969) * item 41 (Awards and Decorations) – National Defense Service Medal * item 44 (Time Lost under Section 972, U.S. Code, and Subsequent to Normal Date Expiration Term of Service) – 16 January 1969 through 19 September 1973, 1,665 days, by reason of AWOL 11. He was discharged in absentia in the rank/grade of private first class/E-3 on 5 November 1973 under the provisions of Army Regulation 635-206 (Personnel Separations – Discharge – Misconduct (Fraudulent Entry, Conviction by Civil Court, AWOL, Desertion)) by reason of conviction by civil court. He completed 2 years, 5 months, and 15 days of net active service during this period with lost time from 16 January 1969 through 19 September 1973 (1,665 days). He completed 4 years, 6 months, and 18 days of total active service. His service was characterized as under honorable conditions (general). His DD Form 214 for this period shows in: * item 22c (Foreign and/or Sea Service) – no foreign service * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – None 12. ABCMR Docket Number AR20180012562, 19 November 2019, noted: a. Special Orders Number 329 (issuing headquarters unidentified), 3 December 1968, reassigned him from Korea to Redstone Arsenal, AL, with a reporting date of on or about 16 January 1969. b. The DA Form 188 (Extract of Morning Report) shows he failed to arrive at his new duty station. He was reported as AWOL effective 16 January 1969. 13. On 19 November 2019 in Docket Number AR20180012562, the ABCMR denied his request for correction of his records to show his foreign service in Vietnam and Korea. The Board determined that relief was not warranted. Based upon the documentary evidence he provided and found within his military service records, the Board found there was insufficient evidence to show he ever served in Korea and Vietnam. As a result, the Board concluded there was insufficient evidence of an error or injustice which would warrant a correction. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that partial relief was warranted. The Board carefully considered 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 applicant’s record is absent any foreign service in Korea and Vietnam. However, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (AGCM) (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service. Based on this the Board determined relief was warranted and granted partial relief for and award of the Army Good Conduct Medal. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF 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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 13 November 1964 through 15 December 1966 and adding the medal to his DD Form 214 for the period ending 15 December 1966. 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 correction of his DD Form 214 for the period ending 5 November 1973 to show his foreign service in Vietnam and Korea, as well as any authorized awards and decorations for his service. 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): The applicant is authorized administrative correction of his DD Form 214 for the period ending 5 November 1973 without Board action to show award of the National Defense Service Medal. REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record; it is not an investigative body. 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 evidence. 2. Army Regulation 635-5 (Separation Documents), effective 15 October 1973, prescribed the separation documents that are furnished individuals who are retired, discharged, or released from active military service. The DD Form 214 as a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. a. The general instructions stated personnel officers should review all available documents, such as the Military Personnel Records Jacket, DA Form 2143 (Military Personnel Financial Data Records), DA Form 3716 (Personal Financial Record), reassignment orders, enlistment or induction records, and any DD Forms 214 for prior service. b. The detailed instructions stated for: (1) item 22c, enter 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., "Foreign and/or Sea Service (USAREUR) [U.S. Army Europe]"); and (2) item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 9 of the DA Form 20, omitting the authorities cited therein. //NOTHING FOLLOWS//