IN THE CASE OF: BOARD DATE: 20 September 2023 DOCKET NUMBER: AR20230001863 APPLICANT REQUESTS: in effect, reconsideration of his previous request to correct his DD Form 214, Armed Forces of the United States-Report of Transfer or Discharge, to show he completed foreign service in the Republic of Vietnam (RVN) between 1967 to 1968. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * Applicant’s statement * DA Form 20, Enlisted Qualification Record-Record of Assignments, with notes * DD Form 215, Correction to DD Form 214, with notes * Witness Statements (3) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20220000577 on 30 September 2022 wherein the applicant’s record was administratively corrected to show add foreign service in the RVN and awards based on this foreign service. 2. The applicant states, in effect: a. At the time of his discharge in 1972 his records were changed to show he served in Germany when he was in the RVN. He contends that when he left Germany he went back to Vietnam; however, his DA Form 20 incorrectly shows he was in Germany for the period 1 June 1967 to 27 February 1968. This form also shows he was in the RVN from 6 May 1968 to 1 May 1969, when he was in Germany. b. Further, his DD Form 215, 6 October 2022, incorrectly shows he served in the RVN from 2 May 1968 to 1 May 1969. It should reflect a period between 1967 and January 1968. 3. The applicant enlisted in the Regular Army on 18 January 1966. 4. His DA Form 20 shows that during the period in question he completed foreign service in: * Germany, 25 May 1966 to 28 February 1968, 519th Transportation Company * RVN, 2 May 1968 to 1 May 1969, 188th Ordnance Company * Germany, 16 June 1969 to 24 November 1970, 519th Transportation Company 5. His DA Form 20 further shows in Item 33, Appointments and Reductions, that he received several temporary and permanent promotions between 1967 and 1968 while assigned to the 519th Transportation Company, Germany and Headquarters, U.S. Army Europe (USAREUR) and 7th Army Troops, Germany. 6. On 16 February 1968, the applicant was discharged for the purpose of immediate reenlistment. Item 11b (Station or Installation at which Effected) shows the applicant was assigned to Patton Barracks, Heidelberg, Germany. His DD Form 214 further shows he completed 1 year, 8 months and 22 days of foreign service in the theater of USAREUR. The country of Germany is located in this theater. 7. He reenlisted on 17 February 1968 and served until he was discharged on 18 August 1972 with an under other than honorable conditions characterization of service. The DD Form 214 issued for this period of service shows in: * Item 20 (Place of Entry into Current Active Service) the applicant was assigned to Heidelberg, Germany. * Item 22c (Foreign and/or Sea Service) he completed 3 years, 4 months, and 23 days of foreign service in USAREUR and the U.S. Army Pacific (USARPAC) theaters. The RVN is located in the USARPAC theater. * Item 30 (Remarks) contains the entry: “Vietnam Service: 3 Jan 71 – 16 Dec 71” 8. On 6 October 2022, the ABCMR administratively corrected the applicant’s DD Form 214 ending 18 August 1972 to add the following * Item 24 – Vietnam Service Medal with silver service star and two bronze service stars, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation * Item 30 – the entry “SERVICE IN VIETNAM: 19680502 -19690501” 9. The applicant’s record is void of service in the RVN between 1967 and January 1968. 10. The applicant provides three witness statements attesting to his service in the RVN. a. A fellow Soldier stated that he and his spouse spent a lot of time in 1968 with the applicant and his family in Germany. b. A witness stated that he picked up the applicant from the airport in upon his return from the RVN on 18 January 1968. c. A U.S. Air Force airman who is also related to the applicant stated that he spent time with the applicant in late 1967 – early 1968 in Pleiku, Vietnam. 11. Regulatory guidance states to enter in item 22c the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed. 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 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 void orders assigned him to the Republic of Vietnam during the late 1967 to early January 1968. The Board noted the applicant’s records were previously corrected on 6 October 2022, the ABCMR administratively corrected his DD Form 214 ending 18 August 1972 to reflect his RVN awards and his foreign service. The Board noted, the DA Form 20 is an internal Army form and is only used while on active duty, as such once a Soldier is separated from the military there are no updates to the form. Based on the preponderance of evidence, the Board denied relief. 2. This board is not an investigative body. The Board determined despite the absence of the applicant’s service 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 of the timeline he provided showing he was in the Republic of Vietnam from late 1867 to January 1968. ? 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 Board found 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 to amend the decision of the ABCMR set forth in Docket Number AR20220000577 on 30 September 2022. 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. Army Regulation (AR) 635-5, Personnel Separations-Separation Documents states to enter in Item 22c (Foreign and/or Sea Service) – the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., “Foreign and/or Sea Service (USAREUR).” 2. AR 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 begins its consideration of each case with the presumption of administrative regularity. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001863 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1