IN THE CASE OF:	  

		BOARD DATE:	  	  25 November 2008

		DOCKET NUMBER:  AR20080014894 


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 discharge document to show that he served in Vietnam.

2.  The applicant states, in effect, that his discharge document shows he served in the U.S. Army Pacific (USARPAC) for 1 year and 1 day; however, it does not 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
12 September 1967 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 he was inducted into the Army of the United States and entered active duty on 19 November 1965.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 94B (Cook).

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

     a.  Item 31 (Foreign Service) shows he served overseas in the USARPAC in Vietnam from 12 September 1966 through 11 September 1967.

     b.  Item 38 (Record of Assignments) shows, in pertinent part, that he served in duty MOS 94B2O while assigned to the 458th Transportation Company (Light Amphibian) from 13 October 1966 through 9 September 1967.

     c.  Item 41 (Awards and Decorations) shows he was awarded the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and 1 Overseas Service Bar.

4.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Support Command, Cam Ranh Bay (Vietnam), Special Orders Number 209, dated 28 July 1967, that show, in pertinent part, the applicant was reassigned from the 458th Transportation Company (Light Amphibian) and assigned to the U.S. Army Vietnam Returnee Detachment (Vietnam) on
11 September 1967 for further assignment to the U.S. Army Transfer Station, Fort Lewis, Washington.

5.  The applicant's military service records contain a DD Form 214 issued at the time of his release from active duty.  This document shows the applicant was inducted and entered active duty on 19 November 1965, honorably released from active duty on 12 September 1967, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training), U.S. Army Administration Center, St. Louis, Missouri to complete his Reserve obligation.  At the time, he was credited with completing 1 year, 9 months, and 24 days of 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 and 1 day of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal 
with Device (1960), Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and 1 Overseas Service Bar.  Item 30 (Remarks) of the DD Form 214 is absent an entry pertaining to service in Vietnam.

6.  In support of his application, the applicant provides a copy of his DD Form 214 with an effective date of 12 September 1967.  This document was previously introduced and considered in this Record of Proceedings.

7.  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.

8.  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.

9.  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.

10.  Effective 2 January 1970, Change 11 to Army Regulation 635-5 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 he served in Vietnam.

2.  The evidence of record shows that the Vietnam Service Medal was awarded to service members for qualifying service in Vietnam after 3 July 1965 through 28 March 1973 and that the applicant's service in Vietnam qualified him for this service medal.  In addition, the applicant’s military service records show he was awarded the Vietnam Service Medal.

3.  The evidence of record shows that the applicant was assigned overseas to USARPAC (Vietnam) on 12 September 1966 and served overseas to 
12 September 1967.  This period of foreign service equates to 1 year and 1 day and records show that this period of 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:
12 September 1966 - 12 September 1967."



      __________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)                                         AR20080014894



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014894



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1