RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20060007234


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jerome Pionk                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Report of
Transfer or Discharge) be corrected to show his dates of service in Vietnam
during the period 7 July 1963 to 27 December 1963.

2.  The applicant states, in effect, his combat time in Vietnam was not
properly recorded.  He contends that this error has caused serious
detriment throughout his entire military career (i.e. second award of the
Combat Infantryman Badge, promotions, career progression, compensation,
etc.).

3.  The applicant provides temporary duty (TDY) orders, dated 24 June 1963;
orders for the Purple Heart, dated 8 October 1963; orders for the Combat
Infantryman Badge, dated 11 November 1963; and a DD Form 214 for the period
ending 23 June 1964.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 May 1981.  The application submitted in this case is dated 5
May 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of a DD Form 214 for the period ending 23 June 1964, a DD Form 214
(Certificate of Release or Discharge from Active Duty) for the period
ending 31 May 1981, and the documentation provided by the applicant.

4.  Having prior service, the applicant enlisted on 8 June 1959 for a
period of
6 years.  He served as a radio operator in Vietnam and was honorably
discharged on 23 June 1964 for immediate reenlistment.

5.  Item 12 (Last Duty Assignment and Major Command) on the applicant’s DD
Form 214 for the period ending 23 June 1964 shows Company E (Signal),
1st Special Forces Group (Airborne), 1st Special Forces, USARYIS (U.S. Army
Ryukus Islands, Japan).  Item 24c (Foreign and/or Sea Service) on this DD
Form 214 shows that he served 1 year, 5 months and 8 days of foreign
service in the USARYIS.   This DD Form 214 also shows award of the Purple
Heart with Second Oak Leaf Cluster for wounds received in July, August, and
October 1963 in Vietnam.

6.  In support of his claim, the applicant provided TDY orders for
assignment in Vietnam for 180 days to begin on or about 7 July 1963.  He
provided orders for the Purple Heart with Second Oak Leaf Cluster for
wounds received in action on 6 October 1973 in Vietnam.  He also provided
orders, dated 11 November 1963, for the Combat Infantryman Badge for his
service in Vietnam.

7.  The applicant’s inclusive dates of service in Vietnam are not
available.

8.  The applicant reenlisted on 24 June 1964 for a period of 6 years.  He
remained on active duty through continuous reenlistments until he retired
on
31 May 1981 in the rank of master sergeant.

9.  Army Regulation 635-5 (Personnel Separations/Separation Forms), dated
11 January 1961, governed the preparation of the DD Form 214.  The
regulation provided that the total active duty outside the continental
limits of the United States for the period covered by the DD Form 214 and
the last oversea theater in which the service was performed would be
entered in item 24c.  Also, there is no provision to show temporary duty
assignments, or any assignment other than the unit of assignment upon
separation, on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was TDY to Vietnam for 180 days in July 1963,
his inclusive dates of service in Vietnam are not available and there is no
provision to show temporary duty assignments on the DD Form 214.  The
governing regulation states the last overseas theater in which service was
performed would be entered in item 24c on the DD Form 214, which in the
applicant’s case appears to have been USARYIS.  However, evidence of record
shows the applicant served in Vietnam; therefore, as an exception to policy
it would be appropriate to amend item 24c on his DD Form 214 for the period
ending 23 June 1964 to show he served in Vietnam and the USARYIS.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 31 May 1981; therefore, the time for the applicant
to file a request for correction of any error expired on 30 May 1984.  The
applicant did not file within the 3-year statute of limitations; however,
based on the available evidence, it would be in the interest of justice to
excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

LS_____  ___JM___  __JP____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  deleting the entry, “USARYIS” in item 24c on the DD Form 214 for
the period ending 23 June 1964; and

      b.  adding the entry, “USARYIS/USARV” [U.S. Army Vietnam] in item 24c
on the DD Form 214 for the period ending 23 June 1964.

2.  The Board further determined that 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
amending his DD Form 214 for the period ending 23 June 1964 to show his
dates of service in Vietnam during the period 7 July 1963 to 27 December
1963.





                            __Linda Simmons_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007234                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |113.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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