RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 August 2007
DOCKET NUMBER: AR20070004576
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.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. Conrad V. Meyer
Chairperson
Mr. Dale E. DeBruler
Member
Ms. Ernestine R. Moya
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam for 92 days effective 4 February 1964.
2. The applicant states, in effect, that he was assigned to the U.S. Army Special Security Agency in the Republic of the Philippines and that he deployed to the Republic of Vietnam on temporary duty for a period of 4 months. However, due to injury, he was medically evacuated after spending 92 days in the Republic of Vietnam.
3. The applicant provides a copy of his DD Form 214, a copy of his Standard Form (SF) 514 (Clinical Record-Laboratory Report), a copy of his Department of Veteran Affairs Form 10-9034 (Discharge Diagnosis), and a self-authored letter, in support of his application.
CONSIDERATION OF EVIDENCE:
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 Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show that he enlisted in the Regular Army on 30 July 1962 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 058.10 (Morse Interceptor). He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on 29 July 1965.
3. Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Records) shows that upon completion of assignments at Fort Ord, California and Fort Devens, Massachusetts, the applicant proceeded to the Republic of Philippines on 6 May 1963 where he was assigned to the 9th U.S. Army Special Assistance Operations Company. Section 4 further shows that the applicant completed his tour in the Republic of Philippines and returned to the Continental United States (CONUS) on 19 December 1964.
4. Item 29 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that the applicant was stationed in the Philippines during the period 9 May 1963 through 8 November 1964.
5. The applicant's DA Form 735 (Health Records-Abstract of Service) does not show medical treatment in the Republic of Vietnam.
6. The applicant's name is not shown on the Vietnam Casualty Roster.
7. The applicant's medical records do not show that he was medically evacuated due to an injury or a wound in the Republic of Vietnam.
8. The applicant's records do not show any temporary orders (TDY) for travel from the Republic of Philippines to the Republic of Vietnam.
9. The applicant submitted a copy of his SF 514-M, clinical record, showing treatment for a sexually transmitted disease. The SF 514-M was stamped with a stamp that reads "Viet-Nam-Cong-Hoa-Boyte".
10. In his self-authored statement, the applicant alleges that as a member of the intelligence community, his travel to the Republic of Vietnam was not supposed to be official and that he even changed his shoulder patch to keep his presence in the Republic of Vietnam unknown.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to correction of his military records to show overseas service in the Republic of Vietnam for 92 days as of 4 February 1964.
2. There is no evidence in the available record and the applicant has not provided sufficient evidence to show that he served in the Republic of Vietnam. Therefore, he is not entitled to correction of his records to show service in the Republic of Vietnam.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__cvm___ __ded___ __erm___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
Conrad V. Meyer
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070004576
SUFFIX
RECON
DATE BOARDED
20070821
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.
120.0000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2010 | 20100026575
On 5 May 2011, per phone conversation with a staff member of the Board the applicant revised his request from correcting his records to show the above military commemorative medals to correcting his DD Form 214 by adding any and all military awards he may be entitled to for his service in the Republic of Vietnam (RVN) and the Republic of Korea (ROK). 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...
ARMY | BCMR | CY2009 | 20090008735
The applicant requests correction of his 3 January 1966 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Thailand and France/Germany. The applicant's DA Form 20 shows that he served in France from 14 March 1960 to 17 February 1963 and Thailand from 30 October 1964 to 24 August 1965. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 3 January 1966 DD Form...
ARMY | BCMR | CY2007 | 20070004373
Army Regulation 600-8-22 (Military Awards) states that 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 applicant requests correction of his records to show award of the Overseas Service Commemorative Medal, American Defense Service Medal, Honorable Service Commemorative Medal, Korea Defense Service Medal, and the Army Commemorative Medal. As a...
ARMY | BCMR | CY2009 | 20090017786
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 November 1964 to show he served in Vietnam. Headquarters, 9th USASA Field Station Special Orders Number 24, dated 20 October 1964, show the applicant was awarded the Armed Forces Expeditionary Medal for support of the military operations in Vietnam. The applicant's DD Form 214 does not show awards for service in Vietnam.
ARMY | BCMR | CY2011 | 20110016188
Although he was wounded in Vietnam and medical records indicate he was awarded a PH, he never received the PH, and it was never annotated on his DD Form 214, or placed in his records. A GSA Form 6932, dated 28 September 1972, stated clinical records between 1969 to 1970 for the 6th Convalescent Center and the 196th Hospital did not contain records for the applicant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2010 | 20100024851
The applicant submits: * a copy of his DD Form 1056 (Authorization for a "No-Fee" Passport) * two Special Orders * a Standard Form 1012a (Travel Voucher) * his DD Form 214 * two photographs CONSIDERATION OF EVIDENCE: 1. Evidence of record shows the applicant served in Vietnam from 6 April 1963 to 9 April 1963. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 26 of his DD Form 214 the National Defense...
ARMY | BCMR | CY2007 | 20070001698C071029
During its original review of the case, the Board determined that the regulatory burden of proof necessary to support award of the PH had not been met because there was no evidence of record confirming the applicant was wounded in action, or that he was treated for a combat related wound by military medical personnel. Therefore, based on the preponderance of the evidence, it would be appropriate and serve the interest of equity and justice to award him the PH for being wounded in action in...
ARMY | BCMR | CY2012 | 20120020320
He provides: * DD Form 214 * Letter from the Awards and Decorations Branch, dated 8 March 2012 * DA Form 66 (Officer Qualification Record) * General Orders Number 25, dated 8 June 2001 * Military Assistance Command, Vietnam (MACV)-Studies and Observations Group (SOG) internet information * General Orders Number 729, dated 28 December 1964 CONSIDERATION OF EVIDENCE: 1. The evidence of record shows he completed the SF Officer Course in 1962. Therefore, he completed the required training for...
ARMY | BCMR | CY2010 | 20100010481
Application for correction of military records (with supporting documents provided, if any). Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over during the same period and serving in direct support of operations in Vietnam are also eligible for this award. In the absence of additional documentation that conclusively shows he arrived in and departed from Vietnam, there is insufficient evidence to support awarding him the Vietnam...
AF | BCMR | CY2011 | BC-2011-00914
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00914 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect service in the Philippines, Iceland, Thailand, and Vietnam. When he checked his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, all of the blocks were marked N/A. He later found...