RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 March 2007
	DOCKET NUMBER:  AR20060013717 


	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.


x
	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 that his report of separation (DD Form 214) be corrected by deleting in item 22c that he served in Turkey and by showing his service and awards for his service in Vietnam.  

2.  The applicant states that his DD Form 214 shows that he last served overseas in Turkey, when in fact he was never in Turkey.  He further states that he served in Vietnam with the 8th Radio Research Unit (RRU) in Phu Bai, South Vietnam from November 1965 until April 1966.  He continues by stating that he was in the Army Security Agency (ASA) stationed at Clark Air Force Base, Philippines and was sent on temporary duty to Vietnam in November 1965.  He also states that he initially was sent to Saigon and then to Hue (Phu Bai) and that he extended his tour there.  When he departed Vietnam he was sent to Kagnew Station, Ethiopia.  However, when his DD Form 214 was prepared there was no credit for his service in Vietnam or awards for being there.

3.  The applicant provides a copy of a letter postmarked from Vietnam on 25 February 1966. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 15 February 1968.  The application submitted in this case is dated 19 September 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 enlisted on 16 March 1964 for a period of 4 years and assignment to the ASA.  He completed his basic combat training at Fort Leonard Wood, Missouri and was transferred to Fort Gordon, Georgia to undergo his advanced individual training (AIT).

4.  He completed his AIT and on 6 September 1964, he was transferred to the 9th United States Army Security Agency Field Station (USASAFS), Philippines for duty as a communications center specialist.  He was advanced to the pay grade of E-4 on 1 December 1965.

5.  A review of the applicant’s records failed to show any duty in Vietnam; however, a search of morning report files reveals that on 28 December 1965, the applicant and three other Soldiers were placed on temporary duty (TDY) to the 3rd RRU (Saigon), APO 96307 and the 8th RRU (Phu Bai), APO 96308 for a period of 30 days.

6.  The letter provided by the applicant is postmarked from APO 96308 on 25 February 1966 and his unit is listed as “Hq Co. 8th RRU”.  

7.  His records show that he was transferred to Company B, 4th USASAFS in Ethiopia on 7 April 1966 and arrived there on 24 June 1966.  He was promoted to the pay grade of E-5 on 13 December 1967 and departed Ethiopia on 13 February 1968 for Fort Hamilton, New York.

8.  On 15 February 1968, he was honorably released from active duty (REFRAD) as an overseas returnee.  He had served 3 years and 11 months of total active service of which 3 years, 6 months and 9 days were served overseas.  His DD Form 214 issued at the time of his REFRAD indicates in item 22c. that his last overseas tour was in Turkey.  It also shows that he was awarded the Good Conduct Medal and the National Defense Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

10.  Army Regulation 635-5 serves as the authority for the preparation of the   DD Form 214.  The regulation in effect at the time provided, in pertinent part, that the area of last overseas service would be entered in item 22c.  It also provided that the area and period served in a hostile fire pay area would be entered in the remarks section (item 30) as well.  
     
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 incorrectly reflects his last overseas tour as being performed in Turkey has been noted and found to have merit.  The applicant’s last overseas service was performed in Ethiopia and as such, his DD Form 214 should be corrected to reflect in item 22c. that he served in Ethiopia instead of Turkey, as currently indicated. 

2.  While the Board cannot determine with any degree of certainty exactly what dates the applicant served in Vietnam, the morning report entries indicate that he began his TDY to Vietnam on 28 December 1965 and the letter he has provided clearly shows that it was postmarked from Phu Bai on 25 February 1966.  Accordingly, he should be credited with that service and the entry “Service in Vietnam from December 1965 – February 1966” should be entered in the remarks section (item 30) of his DD Form 214. 

3.  Inasmuch as the evidence establishes that he served more than 1 day in Vietnam, he is also entitled to be awarded the Vietnam Service Medal (VSM). 

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 February 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 14 February 1971.  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:

___x__  _x___  __x __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION













BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 showing in item 22c. of his DD Form 214, that his last overseas tour was in Ethiopia instead of Turkey, in item 30. the remarks “Service in Vietnam from December 1965 – February 1966” and by awarding him the VSM. 


_____x______
          CHAIRPERSON




INDEX

CASE ID
AR20060013717
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070329
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.110.0000
189/CORR 214
2. 107.0073
119/VSM
3.

4.

5.

6.