IN THE CASE OF:	

		BOARD DATE:	22 September 2009    

		DOCKET NUMBER:  AR20090006278 


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 he served in Vietnam and Thailand and award of additional foreign service credit for Vietnam.

2.  The applicant states, in effect, that his DD Form 214 does not indicate that he served in Vietnam and Thailand or document his foreign service credit for Vietnam.  He also states that his unit went from Fort McClellan, Alabama; to Seattle, Washington; to Saigon, Vietnam; to Thailand, where his unit stayed for 6 months.  He never realized that Vietnam was not recorded on his DD Form 214 until he requested a copy of it.

3.  The applicant provides copies of his permanent change of station (PCS) orders and unit roster, his Army Good Conduct Medal orders, a DD Form 1580 (Military Standby Authorization for Commercial Air Travel), a certificate pertaining to his absence from two government meals, DA Form 613 (Check List for Preparation of Replacements for Overseas Movement), his DD Form 214, three letters of support, and a DD Form 214 pertaining to another former service member 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 records show he was inducted into the Army of the United States in pay grade E-1 on 8 March 1966 for 2 years.  He completed training and was awarded military occupational specialty 57E (Laundry, Bath, and Impregnation Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record), item 27 (Foreign Service), shows he served in Thailand from 21 June 1967 to 1 March 1968.  Item 27 does not show he served in Vietnam.  Item 38 (Record of Assignments) shows he served with the 257th Quartermaster Detachment (Laundry) and the 590th Supply and Services Company, U.S. Army Pacific Command (USARPAC).

4.  The applicant was honorably discharged from active duty in pay grade E-4 (temporary) on 2 March 1968 as an overseas returnee and was transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 shows he served with the 590th Supply and Services Company, Thailand.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he was credited with 8 months and 12 days of total foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 also does not show award of the Vietnam Service Medal, which would indicate service in Vietnam.

6.  The applicant submits a copy of his PCS orders, dated 28 February 1967, and a unit roster which show his unit was scheduled to leave Fort McClellan for assignment to USARPAC with a reporting date of 31 May 1967.  He also submits a copy of his DA Form 613, dated 16 June 1967, showing he received a Republic of Vietnam Orientation during his processing for overseas movement to USARPAC/Thailand.  He further submits a copy of his DD Form 1580, dated 2 March 1968 and a map of Thailand.

7.  The applicant submits copies of three letters in support of his request.  The individuals stated, in effect, they were loaded on a cargo plane from Seattle, Washington, to Vietnam.   All personnel and cargo were unloaded in Vietnam and the plane was reloaded with personnel to Thailand.  One of the individuals provided a copy of his DD Form 214.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, specified that item 22c (Foreign and/or Sea Service) would contain the total amount of active duty served outside the continental limits of the United States and the last overseas theater (command code) in which the service was performed, e.g., "Foreign and/or Sea Service (USARPAC)" during the period covered by the DD Form 214.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to correction to his DD Form 214 to show he served in Vietnam and additional foreign service credit.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The evidence of record shows the applicant served in USARPAC/Thailand from 21 June 1967 to 1 March 1968.  This information is appropriately shown in items 12 and 22c of his DD Form 214.  His records do not show he served in Vietnam for any length of time and the documentation he submitted does not show he served in Vietnam for 1 day or more.

3.  It is also noted that the applicant was not awarded the Vietnam Service Medal which was awarded to all members of the Armed Forces of the United States for qualifying service (attachment to or assignment for 1 or more days) in Vietnam after July 1965 through 28 March 1973.  The evidence of record failed to show the applicant's entitlement to the Vietnam Service Medal.

4.  A review of the applicant's DD Form 214 revealed that during the preparation of his DD Form 214 administrative errors did occur.  The evidence shows his last overseas theater should be shown as "USARPAC/Thailand" in item 22c.  Therefore, as a matter of equity, item 22c of his DD Form 214 should be corrected to show the entry USARPAC as the last theater in which he served.

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 amending item 22c of his DD Form 214 to add the entry "USARPAC" and by providing him a corrected separation document as a result of this change.

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 correcting his DD Form 214 to show he served in Vietnam and awarding him additional foreign service credit for Vietnam.



      _____________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)                                         AR20090006278



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ABCMR Record of Proceedings (cont)                                         AR20090006278



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