RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20070018905 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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, correction of his discharge document to show the geographic locations where he was stationed from 1963 through 1966, in 1968, and in 1969.

2.  The applicant states, in effect, he never received any information to indicate that he served at Fort Sill, Oklahoma; in the Republic of Germany; Fort Jackson, South Carolina; or the Republic of Vietnam (RVN).  The applicant also states that in the event something happens to him, he wants to ensure his wife has proof that he served in the RVN.  The applicant further states that the U.S. Army never issued him his decorations and awards.

3.  The applicant provides no additional documentary evidence.

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 military service records show that he served on active duty in the U.S. Navy from 9 September 1943 to 7 April 1946.

3.  The applicant's military service records show that he enlisted in the U.S. Army and entered active duty in the Regular Army (RA) on 5 November 1947.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 0821 (Supply).  The applicant was promoted to the grade of sergeant on 23 May 1949.  On 7 November 1950, the applicant reenlisted in the RA, served 1 year and 6 months in the Asiatic-Pacific Theater of Operations, and was honorably discharged from the RA on
13 February 1952.  At the time, he was credited with having completed 6 years,  9 months, and 8 days total service for pay purposes.
4.  The applicant's military service records show that he enlisted in the U.S. Army Reserve (USAR) and entered active duty on 10 September 1956.  On 19 August 1957, the applicant reenlisted in the RA and was promoted to the grade of staff sergeant on 4 December 1962.  The applicant continued to serve on active duty in the RA and honorably retired from active duty on 31 July 1970.  At the time, he was credited with completing 20 years, 1 month, and 1 day total active service and 20 years, 8 months, and 29 days total service for pay.

5.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record).  Item 31 (Foreign Service) shows he served in the Armed Forces Far East (AFFE) - Republic of Korea (ROK) from September 1959 to October 1960; in U.S. Army Europe (USAREUR) - Republic of Germany from
5 November 1963 through 16 October 1966; and in U.S. Army Pacific (USARPAC) - Republic of Vietnam (RVN) from 20 April 1968 through 19 April 1969.  Item 38 (Record of Assignments), along with Item 31, shows, in pertinent part, that the applicant was stationed at Fort Sill, Oklahoma from 28 October 1960 through on 4 November 1963, assigned overseas in USAREUR (Germany) from 17 November 1963 to 16 October 1966, stationed at Fort Jackson, South Carolina from 31 October 1966 to 19 April 1968, and assigned overseas in USARPAC (RVN) from 23 April 1968 to 19 April 1969.  

6.  The applicant's military service records contain a copy of his DD Form 214 for the period of active duty from 19 August 1963 through 18 August 1969.  Item 20 (Place of Entry Into Current Active Service) contains the entry “Fort Sill, Oklahoma” and Item 22 (Statement of Service), block c (Foreign and/or Sea Service), shows he served in USARPAC for 1 year, 0 months, and 0 days.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this document shows, in pertinent part, the applicant was awarded the Vietnam Service Medal and Republic of Vietnam Campaign Medal with “1960” Device.

7.  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.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

10.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  Paragraph 51 (Item 22, block c - Foreign and/or Sea Service), subparagraph b (Enlisted personnel), states, in pertinent part, "[e]nter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last (emphasis added) oversea theater service was performed, e.g., "Foreign and/or Sea Service (USAREUR)."  Paragraph 53 (Item 24 - Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states, in pertinent part, to list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

11.  As a matter of information, decorations and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting a request in writing to:  National Personnel Records Center, Attention: Army Reference Branch, 9700 Page Boulevard,
St. Louis, Missouri  63132-5200.  In support of his request, the applicant should include copies of all of his DD Forms 214.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show the geographic locations where he was stationed from 1963 through 1966, in 1968, and in 1969.

2.  The evidence of record shows the applicant’s DA Form 20 (Enlisted Qualification Record) documents that he was stationed at Fort Sill, Oklahoma; USAREUR (Germany), Fort Jackson, South Carolina; and USARPAC (Republic of Vietnam).  Thus, in the absence of evidence to the contrary, it is concluded that the applicant’s DA Form 20 properly and accurately documents his military assignments during the period of service under review.

3.  The evidence of record shows that during the period of service under review, the applicant served on active duty overseas in USAREUR for a period of
2 years, 11 months, and 12 days and overseas in USARPAC for a period of
1 year, 0 months, and 0 days.  Item 22, block c, of the applicant’s DD Form 214 accurately documents the last (emphasis added) oversea theater where his service was performed (i.e., USARPAC).  However, the evidence of record shows that this item does not accurately document his total active duty service outside the continental limits of the United States for the period covered by the DD Form 214.  Therefore, the applicant is entitled to correction of his DD Form 214 to show he completed 3 years, 11 months, and 12 days foreign service during this period.

4.  The applicant’s DD Form 214 for the period of service under review shows he was awarded the Vietnam Service Medal and Republic of Vietnam Campaign Medal.  The evidence of record also shows that these service/campaign medals are awarded based upon specific qualifying service in the Republic of Vietnam.  Thus, the Vietnam Service Medal and Republic of Vietnam Campaign Medal that are recorded on the applicant’s DD Form 214 offer further evidence (in addition to Item 22, block c) of his service in the Republic of Vietnam.

5.  There is no Army regulatory requirement to record the geographical location (i.e., specific country) in Item 22, block c (Foreign and/or Sea Service).  In addition, there is no Army regulatory requirement to record the geographical location (i.e., specific country or installation) in Item 30 (Remarks) or any other item of the DD Form 214.  Therefore, the applicant is not entitled to correction of his discharge document to show this information.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x____  x____  x__      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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  deleting from Item 22, block c, of his DD Form 214 the entry,  “01 [Years], 00 [Months], 00 [Days]” and

     b.  adding to Item 22, block c, of his DD form 214 the entry,  “03 [Years],
11 [Months], 12 [Days].”

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 recording on the applicant’s DD Form 214 that he was stationed at Fort Sill, Oklahoma; U.S. Army Europe (Germany), and Fort Jackson, South Carolina.  



x_____
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070018905



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508