AR20150009689

IN THE CASE OF:

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20150009689

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

___x____ ___x____ ___x____ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20150009689

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.

___________x______________
CHAIRPERSON

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.

IN THE CASE OF:

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20150009689

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his combat service in the Republic of Vietnam.

2. The applicant states he served at Khe Sanh firebase from January to April 1971. He assumed his DD Form 214 was correct and never paid close attention to it until recently when he found the mistake. He was promised combat pay when he left and would like to find his finance paperwork to see.

3. The applicant provides copies of his DD Form 214, photographs taken while serving in Vietnam, and an internet printout entitled “Operation Lam Son 719” from the Wikipedia website.

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. The applicant was inducted into the Army of the UnitedStates on 9 February 1970. After completing initial entry training, he was awarded military occupational specialty (MOS) 55B (Ammunition Storage Specialist).

3. Item38 (Record of Assignments) of his DAForm20 (Enlisted Qualification Record) shows he was assigned to the 571st Ordnance Company during his service in the Republic of Vietnam.

4. The applicant was honorably released from active duty on 2 March 1972. Item 30 (Remarks) of his DD Form 214 contains the entry “USARPAC [U.S. Army Pacific] Vietnam 18 Jan 71 25 Jan 72 Indochina, Yes Korea, No,” indicating he served in Vietnam from 18January 1971 through 25 January 1972.

REFERENCES:

Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for the preparation of the DDForm214. Item30 was used for Department of the Army mandatory requirements when a separate block was not available and as a continuation entry, e.g. USARPAC Vietnam, etc. An interim change, effective 15March 1972, provided for entering Indochina and Korea service in item30, performed on or after 5August 1964, by entering inclusive dates of service for Vietnam and indicating “Yes” or No” for service in Indochina and Korea. The regulation did not provide for a separate entry to document combat duty.

DISCUSSION:

The applicant’s service in the Republic of Vietnam was well documented in his record and on his DD Form 214. While there is no entry on his DDForm214 specifying combat duty, there was no regulatory requirement for such an entry at the time of his discharge. Based upon the foregoing, there appears to be no basis upon which to grant the requested relief.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009689

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009689

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2