IN THE CASE OF:	  

		BOARD DATE:	  	  9 October 2008

		DOCKET NUMBER:  AR20080012261 


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 that he served in Vietnam.

2.  The applicant states, in effect, that his discharge document shows he served in U.S. Army Pacific (USARPAC) for 1 year and he was in Vietnam during that year.  He also states that when he went to the Department of Veterans Affairs (VA) to register as a Vietnam veteran, he was told that there was no record on his discharge document to show he served in Vietnam.  The applicant concludes by asking that his discharge document be revised to show that he served in Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 4 August 1967; and Headquarters, Office of the Adjutant General, U.S. Army Administration Center, St. Louis, Missouri, Letter Order USAR:  07-308340, dated 31 July 1969, subject:  U.S. Army Reserve Assignment or Transfer, in support of his 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 service records show that he enlisted and entered active duty in the Regular Army for a period of 3 years on 7 August 1964.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 68G (Airframe Repairman).

3.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Transportation School, Fort Eustis, Virginia, Special Orders Number 39, dated 1 March 1965.  These orders show, in pertinent part, that the applicant was reassigned from the 1st Student Enlisted Company (Student), U.S. Army Transportation School, Fort Eustis, Virginia to the 56th Transportation Company (Vietnam), effective 21 March 1965.

4.  The applicant’s military service records contain a copy of Headquarters,
765th Transportation Battalion, Special Orders Number 47, dated 15 March 1966.  These orders show, in pertinent part, that the applicant was reassigned from the 56th Transportation Company (Direct Support) (Vietnam) and ordered to report to the 90th Replacement Battalion (Vietnam) on or about 17 March 1996, for assignment to the U.S. Army Returnee-Reassignment Station, Oakland Air Base, Oakland, California.

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

     a.  Item 31 (Foreign Service) shows that he served in USARPAC in Vietnam from 21 March 1965 through 20 March 1966.

     b.  Item 38 (Record of Assignments) shows, in pertinent part, that he served in duty MOS 68G2O (Airframe Repairman) while assigned to the 56th Transportation Company (Direct Support) from 24 March 1965 through 20 March 1966.

     c.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal (Vietnam service), and the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's military service records contain a DD Form 214 issued at the time of his separation.  This document shows the applicant entered active duty on 7 August 1964, was honorably released from active duty on 4 August 1967, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement), U.S. Army Administration Center, St. Louis, Missouri.  At the time, he was credited with completing a total of 2 years, 11 months, and 28 days net service during this period.  Item 22 (Statement of Service), block c (Foreign and/or Sea Service), contains the typed entry “USARPAC” and shows the applicant was credited with completing 1 year of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 30 (Remarks) of the DD Form 214 is absent an entry pertaining to service in Vietnam.

7.  The applicant’s military service records contain a Commonwealth of Pennsylvania, Department of Military Affairs, Vietnam Conflict Veterans' Compensation Bureau, VN-7 (Service Verification Data Request).  This document shows that under paragraph 3 (Record of All Vietnam Service Between July 1958 and Present.), “Date of Departure” contains the entry
21 March 1965 and “Date of Return” contains the entry 20 March 1966.  Under “Records Center” is the entry St. Louis Reserve.

8.  In support of his application, the applicant provides the following documents.

     a.  A copy of his DD Form 214, with an effective date of 4 August 1967.  This document was previously introduced and considered in this Record of Proceedings.

     b.  Headquarters, Office of the Adjutant General, U.S. Army Administration Center, St. Louis, Missouri, Letter Order USAR:  07-308340, dated 31 July 1969, subject:  U.S. Army Reserve Assignment or Transfer.  This document shows that the applicant was released from the USAR Control Group (Reinforcement), U.S. Army Administration Center, St. Louis, Missouri and assigned to the USAR Control Group (Standby), U.S. Army Administration Center, St. Louis, Missouri, effective 7 August 1969.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period and paragraph 2-13d of this Army regulation specifically provides that individuals 
qualified for the Armed Forces Expeditionary Medal for service in Vietnam from
1 July 1958 and 3 July 1965, inclusive.  This document also provides, upon request, a unit personnel officer may award the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

10.  Army Regulation 600-8-22 also 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.

11.  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.

12.  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."  Paragraph 62 (Item 30 - Remarks) states that the 'Remarks' section will be used to complete entries too long for their respective blocks and also provided specific guidance on required entries; however, there was no requirement for an entry regarding service in Vietnam.

13.  Effective 2 January 1970, Change 11 to Army Regulation 635-5 (Personnel Separations - Separation Documents) was implemented.  In pertinent part, this document added subparagraph 18 to paragraph 62 (Item 30), b (Enlisted personnel), and instructed "[e]nter inclusive dates of service in Vietnam during current period of service."


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show that he served in Vietnam for 1 year because he was told by the Department of VA there was no record on his discharge document to show he served in Vietnam.

2.  The evidence of record shows that the Armed Forces Expeditionary Medal was awarded to service members for service in Vietnam from 1 July 1958 to
3 July 1965 (inclusive) and that the applicant's service in Vietnam (i.e., from
21 March 1965 through 3 July 1965) qualified him for this service medal.  In addition, the applicant’s military service records show he was awarded the Armed Forces Expeditionary Medal.

3.  The evidence of record shows the applicant served overseas in USARPAC (Vietnam) from 21 March 1965 through 20 March 1966.  This foreign service equates to 1 year.  Thus, the applicant's foreign service is properly and accurately recorded in Item 22, block c, of his DD Form 214.  Therefore, the applicant is not entitled to correction of his records in this instance.

4.  Subsequent to the applicant's separation from active duty, an Army regulatory change was implemented that authorized entry of the inclusive dates of service in Vietnam in Item 30 (Remarks) of the DD Form 214.  Therefore, as a matter of equity, it would be appropriate to correct the applicant's DD Form 214 to show the inclusive dates of his service in Vietnam.

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 by adding to Item 30 of his DD Form 214 the entry, "Service in Vietnam:  21 March 1965 - 20 March 1966."



      __________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)                                         AR20080012261



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ABCMR Record of Proceedings (cont)                                         AR20080012261



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