IN THE CASE OF:	    

		BOARD DATE:	  	   18 November 2008

		DOCKET NUMBER:  AR20080011428 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam.

2.  The applicant states, in effect, that his service record shows he served in the 
Republic of Vietnam and Okinawa, but his DD Form 214 only shows Foreign Service in USARPAC (United States Army, Pacific).  He further states that he worked hard all of his life and relied upon health insurance for receipt of medical care instead of utilizing Veterans Affairs medical centers.  The applicant concludes that he has been diagnosed with renal cancer and the Department of Veterans Affairs is denying him benefits because his DD Form 214 does not show service in the Republic of Vietnam.

3.  The applicant provides copies of his DD Form 214, DA Form 20 (Enlisted Qualification Record), and four pages extracted from his service medical and dental records as additional documentary evidence 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 record shows that he enlisted in the Regular Army and entered active duty on 1 April 1965.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded military occupational specialty (MOS) 43A (Textile Repairman).  The highest rank he attained while serving on active duty was the grade of private first class (PFC)/pay grade E-3.  The applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement) on 28 June 1968 with an honorable characterization of service.

3.  Headquarters, Fort Riley, Kansas Movement Order 34, dated 8 September 1965, directed a permanent change of station for the applicant's unit (the 506th Quartermaster Company) from Fort Riley, Kansas to USARPAC with a proceed date of on or after 21 September 1965.  The order indicated a roster of personnel accompanying the unit would be published on a future date.  The order also stipulated that upon embarkation the unit was relieved from its present assignment and assigned to USARPAC.

4.  Headquarters, Fort Riley, Kansas Letter Order, dated 11 October 1965, amended Movement Order 34 by modifying the roster of personnel accompanying the unit during the permanent change of station.  This amendment, in pertinent part, added the applicant's name to the roster of personnel.

5.  Headquarters, Saigon Logistics Area Special Orders 130, dated 10 December 1965, reassigned the applicant from the 506th Quartermaster Company to Headquarters, United States Army, Ryuku Islands based in Okinawa, Japan with a report date of 12 December 1965.  This order also shows the applicant had been in the Republic of Vietnam for a period of 2 months.

6.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the Republic of Vietnam from 13 October 1965 through 13 December 1965, a total of 2 months.  This item also shows the applicant served in Okinawa, Japan from 13 December 1965 through 12 June 1967, a total of 19 months.


7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned to the 506th Quartermaster Company, based originally at Fort Riley, Kansas and ultimately in the Republic of Vietnam during the period 13 October 1965 through 13 December 1965; the 217th Ordnance Company, based in Okinawa, Japan during the period 13 December 1965 through 31 August 1966; and the 217th Ordnance Detachment based in the Ryuku Islands during the period 1 September 1966 through 29 June 1967.

8.  Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows he served a period of 2 years, 8 months, and 1 day in USARPAC.

9.  The applicant provides a Standard Form 513 (Consultation Sheet), dated 10 April 1966, showing he received medical attention at the 91st Medical Dispensary located in the Machinato service area on the island of Okinawa, Japan while assigned to the 217th Ordnance Detachment.

10.  The applicant also provides an undated Standard Form 539 (Abbreviated Clinical Record).  In the block entitled, "Pertinent history, chief complaint, and condition on admission," the applicant highlighted the portion of the entry showing "In Vietnam 4 months."

11.  The applicant further provides a Standard Form 603 (Dental), dated 6 July 1966, showing he underwent a dental examination at the Machinato Dental Clinic located in the Machinato service area on the island of Okinawa, Japan while assigned to the 217th Ordnance Detachment.

12.  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.

13.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in the Vietnam Defense Campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, 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 establishes standardized policy for preparing and distributing the DD Form 214.  Section II of this regulation provides instructions for preparation of the DD Form 214.  Specifically, it states that the preparer should enter 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 in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)" in Item 22c of the DD Form 214.  The regulation does not provide for entering information pertaining to oversea service in additional theaters anywhere on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his service in the Republic of Vietnam was carefully considered and determined to have merit.

2.  Evidence clearly shows the applicant served in the Republic of Vietnam from 13 October 1965 through 13 December 1965, a total of 2 months.  Therefore, he is entitled to award of the Vietnam Service Medal.

3.  Evidence also shows that the applicant participated in one campaign during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one bronze service star to be affixed to his Vietnam Service Medal.

4.  Army Regulation 635-5, in effect at the time of the applicant's separation, prescribes that the DD Form 214 should show the Soldier's total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed.  The regulation does not provide for entering information pertaining to overseas service in additional theaters anywhere on the DD Form 214.

BOARD VOTE:

___X____  __X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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 to show award of the Vietnam Service Medal and one bronze service star to be affixed to his Vietnam Service Medal.




      _______ _   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)                                         AR20080011428





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011428



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1