IN THE CASE OF:	  

		BOARD DATE:	  18 September 2008

		DOCKET NUMBER:  AR20080007772 


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, correction of his military service records to show the units he was assigned to while serving in U.S. Army Pacific and all of his awards and decorations.

2.  The applicant states, in effect, that his discharge document shows that he served in U.S. Army Pacific in 1966 and 1967; however, it does not show the units that he was assigned to because of their classified missions at the time of his discharge.  The applicant also states that he did not feel this correction was necessary until he was advised to submit a disability claim to the Department of Veterans Affairs (VA).

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 enlisted in the U.S. Army and entered active duty in the Regular Army for a period of 4 years on
31 January 1966.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 33C (Terminal Intercept Equipment Repairman).

3.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record).

     a.  Item 31 (Foreign Service) shows that he served in U.S. Army Pacific (USARPAC) in Thailand from 6 July 1966 through 20 June 1967 and in U.S. Army Europe (USAREUR) in the Federal Republic of Germany (FRG) from
10 August 1968 through 15 January 1970.

     b.  Item 38 (Record of Assignments) shows, in pertinent part, that he was assigned to Detachment D, 5th Radio Relay Unit (6083), USARPAC (Thailand) from 8 July 1966 through 1 September 1966.  He was then assigned to 7th Radio Relay Field Station (RRFS), 83rd Radio Relay Special Operations Unit (SOU) (AS-6083-OF) USARPAC, from 2 September 1966 through 24 September 1966. He was then assigned to Headquarters and Service Company, 7th RRFS
(AS-6007-OF) USARPAC, from 25 September 1966 through 19 June 1967.

     c.  Item 38 also shows, in pertinent part, that the applicant was assigned to Headquarters, U.S. Army Security Agency Field Station (USASAFS) Herzogenaurach (USAREUR) and attached to Headquarters Company, USASAFS Herzogenaurach (USAREUR) from 12 August 1968 through
14 January 1970.

     d.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 16 January 1970.  Item 22 (Statement of Service), block c (Foreign and/or Sea Service), contains the typed entry “SEE 30” and shows the applicant was credited with completing 2 years, 4 months, and 20 days.  Item 30 (Remarks) of the DD Form 214, in pertinent part, contains the entry "USARPAC 6 JUL 66 -
20 JUN 67” (i.e., U.S. Army Pacific from 6 July 1966 to 20 June 1967) and “USAREUR 10 AUG 68 - 15 JAN 70” (i.e., U.S. Army Europe from 10 August 1968 to 15 January 1970).  This document also shows that the applicant was honorably released from active duty, under the provisions of Army Regulation 635-200, with Separation Program Number 411, based on early separation from overseas and transferred to U.S. Army Reserve Control Group (Reinforcement), U.S. Army Administration Center, St. Louis, Missouri.  At the time, he was credited with completing 3 years, 11 months, and 16 days net service this period.

5.  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.  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.  Qualifying service included, in pertinent part, attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

6.  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.

7.  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 22c), 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 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.  Paragraph 62 (Item 30 - Remarks) of this document states, in pertinent part, "[t]he ‘Remarks’ section will be used to complete entries too long for their respective blocks.”


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show the units he was assigned to while serving in USARPAC and all of his authorized awards.

2.  The evidence of record shows that Army regulatory guidance instructs 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 oversea theater that service was performed in will be recorded in Item 22, block c.  The evidence of record also shows that Army regulatory guidance instructs that Item 30 (Remarks) will be used to complete entries that are too long for their respective blocks.

3.  The evidence of record shows the applicant served overseas in USARPAC (Thailand) from 6 July 1966 through 20 June 1967 and that this service is properly recorded in Item 30 of his DD Form 214.  That is, Item 22, block c, contains a cross-reference entry to see Item 30, where the entry is recorded because the entry is too long for Item 22, block c.  In addition, the period of active duty that the applicant served overseas in USARPAC is included in Item 22, block c, of the DD Form 214.

4.  The evidence of record shows the applicant served overseas in USAREUR (FRG) from 10 August 1968 through 15 January 1970 and that this service is properly recorded on his DD Form 214.  That is, Item 22, block c, contains a cross-reference entry to see Item 30, where the entry is recorded because the entry is too long for Item 22, block c.  In addition, the period of active duty that the applicant served overseas in USAREUR is included in Item 22, block c, of the DD Form 214.

5.  The evidence of record shows that the total active duty outside the continental limits of the United States the applicant served (i.e., 2 years, 4 months, and
20 days) is recorded in Item 22, block c.  Thus, in view of all of the foregoing, the evidence of record confirms the applicant’s DD Form 214 properly and accurately documents his overseas service for the period of service under review.

6.  There is no Army regulatory requirement to record the unit(s) of assignment on the DD Form 214.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show the units he was assigned to during his overseas service in USARPAC.

7.  The evidence of record shows the applicant served overseas in USARPAC (Thailand) from 6 July 1966 through 20 June 1967.  Thus, records show the applicant served a qualifying period of service in Thailand during the Vietnam Conflict to qualify for award of the Vietnam Service Medal.  Therefore, it would be appropriate to correct the applicant’s records to show this service medal.

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 adding to Item 24 of his DD Form 214 the Vietnam Service Medal.

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 his discharge document the units he was assigned to while serving in U.S. Army Pacific.




      _______ _   _X_____   ___
               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)                                         AR20080007772



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ABCMR Record of Proceedings (cont)                                         AR20080007772



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