RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 March 2008
      DOCKET NUMBER:  AR20070016206


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Gerald J. Purcell             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 20 November 1962 separation
document (DD form 214) be corrected to reflect his temporary duty (TDY) in
Laos.

2.  The applicant states, in effect, that his DD Form 214 does not reflect
his TDY service in Laos, which was a classified mission in 1961.  He claims
that since the mission and his presence was classified, it was not entered
in his record.

3.  The applicant provides a self-authored statement, Operation White Star
Roster and Combat Infantryman Badge (CIB) orders 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
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's record shows that he initially enlisted in the Regular
Army and entered active duty on 25 February 1955.  He was initially trained
in and awarded military occupational specialty (MOS) 112.77 (Heavy Weapons
Infantryman).

3.  The applicant's Personnel Qualification Record (DA Form 2-1) shows, in
Item 5 (Overseas Service) that he served in the Republic of Vietnam (RVN)
on TDY for six months from 26 April through 18 October 1961.  Item 35
(Record of Assignments) shows that during this period, he was assigned to
77th Special Forces Group (SFG), Fort Bragg, North Carolina, performing
duties in MOS 911.63 (Medical Aidman).

4.  On 20 November 1962, the applicant was honorably discharged for the
purpose of immediate reenlistment.  The DD Form 214 he was issued at the
time shows, in Item 24c (Foreign Service), that he completed a total of 2
years,
4 months, and 29 days of overseas service during the period covered by the
separation document (21 November 1959-20 November 1962).
5.  On 31 August 1978, the applicant was honorably retired, in the rank of
master sergeant, after completing a total of 23 years, 6 months, and 7 days
of active military service.  The DD Form 214 he was issued at the time
showed he completed a total of 3 years, 11 months, and 16 days of overseas
service in Item 18f (Foreign and/or Sea Service), and Item 19 (Indochina or
Korea Service Since August 5, 1964) contained entries confirming his RVN
service from 5 November 1969 through 10 May 1971 and from 10 March 1972
through 9 March 1973.

6.  The applicant provides a "Hotfoot/White Star Roster" that identifies
the names, including the applicant's, of personnel participating in the
operation.

7.  The Special Operations Command historical website shows that Operation
White Star was a clandestine operation conducted in Laos between 1959 and
1962, under the auspices of the CIA, but thru the Ambassador to Laos to
"assist" Laos in fighting the communists.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The instructions for Item 24 contains in the version of the
regulation in effect at the time the applicant's 20 November 1962 DD Form
214 was issued stated to enter the total active duty outside continental
limits of the United States for the period covered by the DD Form 214 in
Item 24c.  There were no regulatory provisions that provided for entering
locations of overseas TDY service on the DD Form 214 at that time or at the
time of his retirement in 1978.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his service in Laos should be entered
on his DD Form 214 was carefully considered.  However, there were not
regulatory provisions that provided for a separate entry identifying
overseas TDY service on the DD Form 214 at the time the applicant was
issued his 1962 DD Form 214 or at the time of his retirement in 1978.  As a
result, there is an insufficient evidentiary basis to support granting the
requested relief.  The applicant and all others concerned should know that
this action in no way diminishes the sacrifices made by the applicant in
service to our Nation.  The applicant and all Americans should be
justifiably proud of his service in arms.

2.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.
3.  Although there are no regulatory provisions that provide for entering
the applicant's service in Laos on the DD Form 214, the "White Star" roster
provided by the applicant will be filed in his Official Military Personnel
File (OMPF) in order to provide clarity on where his service was performed
during this period.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RTD __  __GJP __  __RMN  _  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.




                                  _____Richard T. Dunbar____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070016206                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/03/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1978/08/31                              |
|DISCHARGE AUTHORITY     |AR 635-200 C12                          |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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