IN THE CASE OF:
BOARD DATE: 15 July 2008
DOCKET NUMBER: AR20080007553
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his Vietnam service.
2. The applicant states that he was on temporary duty to the Army Security Agency Radio Research Group (Davis Station), Tan Son Nhut Airbase, Saigon, Vietnam, in 1971. He would like his military records corrected to reflect this service to facilitate his joining qualified veterans organizations.
3. The applicant provides no additional 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 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 enlisted in the Regular Army on 31 August 1970. He completed basic combat training and advanced individual training and was awarded military occupational specialty 05H (Morse Interceptor).
3. Item 38 (Record of Assignments) of the applicants DA Form 20 (Enlisted Qualification Record) shows he was assigned to the U. S. Army Security Agency (Field Stations Rothwesten and Augsburg) in Germany on 9 June 1971. Item 31 (Foreign Service) of his DA Form 20 does not show he served in Vietnam. There is no other evidence of record to show he served in Vietnam.
4. The applicant departed Germany on 2 November 1972. He was honorably released from active duty on 30 August 1973. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he served in U. S. Army Europe Germany for 1 year, 4 months, and 26 days. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show he was awarded any awards or medals for service in Vietnam.
5. Army Regulation 635-5 (Personnel Separations/Separation Forms) governs the preparation of the DD Form 214. The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. Also, there is no provision to show temporary duty assignments, or any assignment other than the unit of assignment upon separation, on the DD Form 214.
6. 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. The regulation also states that to qualify for this award an individual must serve on temporary duty for 30 consecutive days in Vietnam.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence of record and the applicant provided none (such as approved travel vouchers or other documents) to show he was on temporary duty in Vietnam.
2. While temporary duty assignments are not identified on the DD Form 214, if the applicant could provide sufficient evidence to show he was on temporary duty in Vietnam for 30 or more days, he could meet the eligibility criteria for award of the Vietnam Service Medal. Correcting his DD Form 214 to add the Vietnam Service Medal would in effect correct his records to show he served in Vietnam.
3. Regrettably, at this time there is insufficient evidence that would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ____xx__ ___xx___ 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.
_ _______xxxxx____________
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) AR20080007553
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ABCMR Record of Proceedings (cont) AR20080007553
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