IN THE CASE OF: BOARD DATE: 16 March 2023 DOCKET NUMBER: AR20220008757 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show service in Vietnam. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 he served in a classified status and duty which required redaction of or incomplete data for his DD Form 214 issued at Fort Dix, NJ upon his return. He reports his job classification of Artillery Forward Observer was indeed what he was trained for but was used as a cover for his presence with enemy prisoner of war (EPW) questioning teams in forward areas. He requests that his Vietnam service and the dates thereof be established on his separation record and a DD Form 215 (Correction to DD Form 214) be issued to note this establishment, so that he may obtain Department of Veteran Affairs (VA) benefits for Agent Orange related conditions. The applicant cannot prove his combat and Vietnam service with currently held documents and his separation record is absent of any notation of foreign combat service save a notation of 1 year, 10 months, and 19 days of foreign or sea service. In order to allow for the VA's duty to assist to be engaged, he must be able to prove his Vietnam and combat service time. 3. The applicant enlisted in the United States Army Reserve on 2 June 1969 for a period of 6 years in the delayed entry program (DEP). He was discharged from the DEP enlisting in the Regular Army for a period of 3 years on 25 September 1969. 4. The applicant completed his required training and was awarded military occupational specialty 82C (Artillery Surveyor Specialist) on 12 March 1970. 5. The applicant was assigned to Battery A 1st TAB 25th Field Artillery USARPAC Korea effective 4 May 1970. A Certificate of Training shows the applicant completed Non-Divisional CRB Course at Seoul, Korea from 20-25 July 1970. He was transferred to Headquarters & Headquarters Battery 2d Bn 76th Artillery USARPAC Korea effective 24 September 1970. He received a letter of commendation upon his departure from A Battery stating his performance in the survey section has earned the highest of compliments. 6. Special Orders Number 68, show the applicant was to proceed on a permanent change of station to Fort Dix, NJ. He departed Korea on 26 April 1971. 7. Special Orders Number 111 show he was assigned to Headquarters & Headquarters Battery 2d BN 5th Artillery USAREUR Germany. His DA Form 20 (Enlisted Qualification Record) shows he arrived in Germany on 4 June 1971. 8. Special Orders Number 72 shows the applicant’s scheduled departure from Heidelberg, Germany. He departed Germany on 18 April 1972. He was assigned to Fort Dix, NJ for separation processing. 9. The applicant was honorably released from active duty and transferred to the individual ready reserve on 25 April 1972. His DD Form 214 shows he was credited 1 year 10 months 19 days foreign and/or sea service. It also shows he was awarded the Armed Forces Expeditionary Medal. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found no evidence in the available records indicating the applicant served in Vietnam. In the absence of such evidence, the Board determined there is no basis for amending his DD Form 214. ? 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. REFERENCES: 1. Title 10, U.S. 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 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separations from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief (ERB), Officer Record Brief (ORB), enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, or any other document authorized for filing in the Official Military Personnel File. (1) Paragraph 2-2 (Source documents) states DA Form 20 (Enlisted Qualification Record) and DA Form 66 (Officer Qualification Record) are the basic source documents for preparing DD Form 214WS (Worksheet). However, in preparing DD Form 214WS, personnel officers should review all available documents such as the MPRJ (Military Personnel Records Jacket), DA Form 2143 (Military Personnel Financial Data Records, US Army) DA Form 3716 (Personal Financial Record), reassignment orders, enlistment or induction records, and any DD Forms 214 for prior service. (2) Paragraph 2-50 states for item 30 (Remarks) section will be used to complete entries too long for their respective blocks. Subparagraph 14 states 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: To show service in Vietnam only, "Vietnam- 25 Apr 70 through 28 May 71” b. On direction of the Army Board for Correction of Military Records or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army, Army Review Boards Agency, is authorized to issue or reissue a DD Form 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances including when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). 3. Army Regulation 672-5-1 (Decorations, Awards, and Honors - Military Awards), in effect at the time, promulgated Department of the Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 4- 29.c.(1)(g) shows the Armed Forces Expeditionary Medal was awarded for service in Korea from 1 October 1966 to 30 June 1974. 4. Army Regulation 600-8-22 (Military Awards) provides guidance on individual and unit military awards, decorations, badges, service medals, and the Army Good Conduct Medal. a. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008757 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1