IN THE CASE OF:	  

		BOARD DATE:	        07 OCTOBER 2008

		DOCKET NUMBER:  AR20080007376 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he served in Vietnam between 1969 and 1970. 

2.  The applicant essentially states that he performed temporary duty (TDY) in Vietnam between 1969 and 1970, and that his Vietnam service should be reflected on his DD Form 214.

3.  The applicant provides an undated, self-authored note; an undated, self-authored letter; his DD Form 214; TDY orders, dated 16 September 1969, 
12 November 1969, 26 January 1970, and 11 March 1970; three DA Forms 2349 (Military Pay Voucher) for March, April, and May 1970; a DA Form 2139 (Military Pay Voucher), dated 2 March 1970; and two DA Forms 2139, dated 1 May 1970 in support of this 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 military records show that he was inducted into the Army of the United States on 15 May 1968.  On 22 May 1968, he enlisted in the Regular Army.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 63G (Fuel and Electrical Systems Repairer), was later awarded MOS 52B (Power Generation Equipment Repairer), and then MOS 64B (Heavy Vehicle Driver).  He departed for Okinawa, Japan on 8 December 1968, and was initially assigned to Headquarters and Headquarters Detachment, 26th Transportation Battalion.  On 15 March 1969, he was reassigned to the United States Army Transportation Operations Directorate, 2nd Logistical Command.  He returned to the continental United States on 7 June 1970, and served at Fort Jackson, South Carolina and Fort Campbell, Kentucky until he was honorably released from active duty on 21 May 1971.  

3.  The applicant's DD Form 214 does not show that he served in Vietnam.  However, his military records contain TDY orders, dated 13 May 1969, 
26 June 1969, 16 September 1969, 12 November 1969, 26 January 1970, and 
11 March 1970, which essentially authorized him to perform TDY in Saigon, Cam Rahn Bay, Qui Nhon, and Danang, Vietnam; and Thailand between 14 May 1969 to 4 May 1970 for the purpose of operating special equipment aboard vessels traveling between Okinawa, Japan, Vietnam, and Thailand.  The applicant also provided pay vouchers which essentially showed that he was paid hostile fire pay for the months of September, November, and December 1969 and January, February, and March 1970 for performing TDY in Vietnam.  However, the exact dates of the applicant's service in Vietnam could not be established.  The fact that one of his pay vouchers was altered to show that he also received hostile fire pay for April 1970 was noted.  However, as it appears that this document was altered after its preparation and authentication, it was determined that this document does not conclusively prove that the applicant actually was paid hostile fire pay for the month of April 1970.

4.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The edition of this regulation that was in effect at the time of the applicant’s release from active duty provided that Item 30 (Remarks) of the DD Form 214 would be used to complete entries that were too long for their respective blocks.  It also provided specific entries that were to be entered in that block as well.  None of those entries were related to an individual’s service in a combat theater.  However, the edition of Army Regulation 635-5 which superseded the edition in effect at the time of the applicant’s release from active duty provided that an entry would be entered in the remarks section of the DD Form 214 to indicate inclusive dates of service in Vietnam.  Entries of this nature have remained in effect for all subsequent changes of that regulation to account for service in such area as Soldiers may be required to serve that involve conflict with other nations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he served in Vietnam between 1969 and 1970. 

2.  The evidence of record clearly shows that the applicant was paid hostile fire pay for performing TDY in Vietnam between September 1969 and March 1970.  However, the exact dates of the applicant's service in Vietnam could not be conclusively determined, as hostile fire pay may be paid to an individual for as little as 1 day of service in a hostile fire pay area in a given month.  However, as the applicant did in fact serve in Vietnam, it would be appropriate at this time to correct item 30 of his DD Form 214 by adding the statement "SERVICE IN VIETNAM BETWEEN SEPTEMBER 1969 AND MARCH 1970; EXACT DATES UNKNOWN."  This will satisfy the applicant's desire to have his service in Vietnam documented on his DD Form 214 even though the exact dates of his service in Vietnam could not be established.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a DD Form 215 (Correction to DD Form 214) which adds the statement "SERVICE IN VIETNAM BETWEEN SEPTEMBER 1969 AND MARCH 1970; EXACT DATES UNKNOWN" to item 30 of his DD Form 214.
2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007376



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ABCMR Record of Proceedings (cont)                                         AR20080007376



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