IN THE CASE OF:	

		BOARD DATE:	1 September 2009  

		DOCKET NUMBER:  AR20090006943 


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

2.  The applicant states that the correct information was not indicated on his DD Form 214 because of how fast Soldiers were moving from their original assignments to what was needed for the Vietnam War effort.  He adds that he was assigned to the 257th Quartermaster Detachment at Fort McClellan, AL, and that his unit departed Fort McClellan, AL, to Seattle, WA, then on to Saigon, Vietnam, and then on to Sattahip, Thailand, where he was attached to the 590th Transportation.  He also adds that 3 months later he was sent to Khorat, Thailand, where he stayed for 6 months, and then departed Thailand to Oakland Air Force Base, CA, where he was discharged.

3.  The applicant provides a copy of his DD Form 214, dated 9 March 1968; a copy of General Orders Number 16, issued by Headquarters, 9th Logistical Command, dated 19 February 1968, awarding another Soldier and a former unit member the Army Good Conduct Medal (1st Award); a copy of Letter Orders 443, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, directing the 257th Quartermaster Detachment reassignment; a copy of another Soldier's and former unit member's DD Form 214, dated 4 March 1968; a map of Thailand; three statements of support from former unit members; and a copy of a certificate, dated 2 March 1968, issued by Headquarters, U.S. Army Support Command, Thailand, 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 are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 15 March 1966.  This form also shows the applicant completed basic combat and advanced individual training and was awarded military occupational specialty 57E (Laundry and Bath Specialist).  This form further shows that at the time of his separation the applicant was assigned to the 590th Supply and Service Company, U.S. Army Pacific Command (USARPAC).

4.  The applicant's DD Form 214 shows he was honorably released from active duty in the rank/grade of specialist four/E-4 on 9 March 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.  The DD Form 214 he was issued shows he completed 1 year, 11 months, and 25 days of creditable active service.  This form also shows the following entries:

	a.  item 22c (Foreign and/or sea Service) shows he completed 8 months and 18 days of foreign service; however, it does not list the overseas theater of this service; and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal.  It does not list any Vietnam-specific awards.

5.  The applicant submitted a copy of Letter Orders 443, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, dated 28 April 1967.  The orders directed the 257th Quartermaster Detachment's release from Third Army, Fort McClellan, AL, and reassignment to USARPAC effective 31 May 1967.  The order listed 21 enlisted members assigned to this unit, one of which was the applicant.

6.  The applicant submitted three undated statements by three former unit members who state that they were loaded on a cargo plane from Seattle, WA, to Vietnam, that all personnel and cargo were unloaded in Vietnam, and that the plane was then reloaded with personnel to Sattahip, Thailand.

7.  According to the U.S. Army Center of Military History official website, the 590th Quartermaster Company was constituted on 18 October 1927 in the Regular Army as the 5th Railhead Company.  It was redesignated on 1 May 1936 as the 90th Quartermaster Company; activated on 1 August 1940 at Fort Knox, KY; redesignated on 1 April 1942 as the 90th Quartermaster Railhead Company; reorganized and redesignated on 17 February 1949 as the 90th Quartermaster Subsistence Supply Company; reorganized and redesignated on 20 October 1953 as the 90th Quartermaster Company; inactivated on 1 February 1955 in France; redesignated on 3 May 1960 as the 590th Quartermaster Company; activated on 10 May 1960 on Okinawa; reorganized and redesignated on 1 September 1966 as the 590th Supply and Service Company; inactivated on 20 December 1968 in Thailand; activated on 1 September 1980 at Fort Ord, CA; and reorganized and redesignated on 17 August 1993 as the 590th Quartermaster Company.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The regulation in effect at the time provided 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 overseas theater (for example, USARPAC, etc.) in which the service was performed would be entered in item 22c.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his foreign service in Vietnam and Thailand.

2.  With respect to the applicant's foreign service, the evidence of record shows that the applicant was a member of the 257th Quartermaster Detachment, Fort McClellan, AL, when this unit was ordered on a permanent change of station to USARPAC.  Additionally, at the time of his separation, the applicant was assigned to the 590th Supply and Service Company, Thailand, USARPAC.

3.  Since the applicant's unit departed Fort McClellan on or about 31 May 1967 and since the applicant completed 8 months and 18 days of foreign service, it is reasonable to say he completed his entire foreign service in USARPAC.  The regulation in effect at the time provided 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 overseas theater in which the service was performed would be entered in item 22c.  Therefore, item 22c of the applicant's DD Form 214 should be corrected to show the overseas theater.  Nevertheless, there is no requirement to list individual countries, such as Thailand, in this block.

4.  With respect to the applicant's foreign service in Vietnam, there is no evidence in the reconstructed records that the applicant served in Vietnam.  To make the correction the applicant is seeking, the exact dates of service in Vietnam must be established – date of his departure for service in Vietnam and the date of his return from Vietnam.  In the absence of conclusive documentary evidence that shows he served in Vietnam, there is insufficient evidence to grant him the requested relief.

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 22c of his DD Form 214 the entry "USARPAC."

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 his service in Vietnam and Thailand.



      ____________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)                                         AR20090006943



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006943



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1