BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090008735
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 3 January 1966 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Thailand and France/Germany.
2. The applicant states that he was stationed in Thailand during the Vietnam War. He maintains that he was airlifted from Bangkok, Thailand, in August 1965. He offers that on 24 August 1965, he was a patient at the field hospital in Manila, Philippines and he remained there until his condition stabilized.
3. The applicant provides a copy of his DD Forms 214, DA Form 20 (Enlisted Qualification Record), and a health record form.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows he was inducted into the Army of the United States on 5 June 1959. He was honorably discharged for immediate reenlistment on 21 October 1959 after serving 4 months and 17 days on active duty. The applicant reenlisted on 22 October 1959. He was honorably discharged on 3 January 1966 and credited with a total of 6 years, 6 months and 28 days of active service.
3. Item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214 contains the comment of "Not verified." Item 32 (Remarks) of this form shows the applicant was separated on temporary records and his affidavit.
4. Item 31 (Foreign Service) of the applicant's DA Form 20 shows the applicant
served in the United States Army Europe (USAREUR)/France from 14 March 1960 to 17 February 1963 and United States Army Pacific (USARPAC) Thailand from 30 October 1964 to 24 August 1965.
5. The applicant's health record shows that, on 30 August 1965, he was admitted to the Naval Hospital in Chelsea, Massachusetts. This form shows the applicant was transferred via air evacuation from Thailand and was diagnosed with infectious hepatitis.
6. The applicant's military pay voucher from 1 January 1960 to 31 March 1960 shows he departed the Continental United States (CONUS) and arrived at the US Army General Depot Braconne, on 24 March 1960. Additionally, his pay voucher from 1 February 1963 to 31 March 1963 shows that he arrived in CONUS on 19 February 1963 and his foreign duty pay was stopped.
7. The applicant's DD Form 766 (Voucher for Reimbursement for Travel) shows that he filed for travel reimbursement for his spouse. The voucher shows the applicant's mailing address as Company B, 809th Engineer Battalion, APO 32, Thailand. The applicant's arrival date was listed as 30 October 1964.
8. The applicant's pay voucher from 1 December 1964 to 31 December 1964 shows that he arrived at Company B, 809th Engineer Battalion, APO 32, on
29 October 1964 at which time he was authorized foreign duty pay.
9. Information obtained from the internet shows the US Army General Depot Braconne, during 1960, was located in France.
10. Army Regulation 635-5 (Separation Documents) in effect at the time, established standardized policy for preparing and distributing the DD Form 214. Section III instructed the preparer, in pertinent part, to enter the total active duty outside continental limits of the United States for the period covered by the
DD Form 214 and the last oversea theater where service was performed, e.g., "(USARPAC)" in item 24c. There was no requirement to list the country or the dates of service in item 32.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 shows that he served in France from 14 March 1960 to 17 February 1963 and Thailand from 30 October 1964 to 24 August 1965. This information is consistent with his pay vouchers, dependent travel orders, and health record. Therefore his records should be corrected to show (USARPAC) 3 years, 8 months, and 30 days in item 24c on his 3 June 1966
DD Form 214.
2. Although not required by regulation, but as a matter of equity, it would be appropriate to show in item 32 that the applicant served in France from 14 March 1960 to 19 February 1963 and in Thailand from 30 October 1964 to 24 August 1965.
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 amending his 3 January 1966 DD Form 214 by:
a. adding to Item 24c (USARPAC) 3 years, 8 months, and 30 days; and
b. adding to Item 32, France, 14 March 1960 to 19 February 1963 and Thailand, 30 October 1964 to 24 August 1965.
_______ _ _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) AR20090008735
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090008735
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110019058
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 December 1966 to reflect his service in Vietnam. The regulation in effect at the time of the applicant's separation specified that item 24c of the DD Form 214 would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which...
ARMY | BCMR | CY2011 | 20110014405
The applicant requests 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 (RVN) and all appropriate medals. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the following awards to item 26 of his DD Form 214 for the period ending 5 August 1965: * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit...
ARMY | BCMR | CY2003 | 2003087772C070212
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 2 August 1963 to 1 August 1969 be corrected: to show his Vietnam service; to show award of the Vietnam Service Medal (VSM); and to show that he received campaign participation credit for two campaigns -- Counteroffensive Phase II and III. Records show the applicant should have discovered the error or injustice now under consideration on 1 August 1969; therefore, the...
ARMY | BCMR | CY2011 | 20110004729
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 24c. The entry in item 29 of the applicant's DA Form 20 which shows he served in Vietnam from 6 October 1963 through 26 September 1964 is accepted as sufficient evidence on which to add the entry "Vietnam Service: 6 October 1963 to 26...
ARMY | BCMR | CY2013 | 20130002582
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. in Item 24c (Foreign and/or Sea Service) that he served in Thailand for a period of "1 year, 0 months, and 1 day"; and b. in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * Republic of Vietnam (RVN) Technical Service Honor Medal Second Class * Expert Marksmanship Qualification Badge with Rifle (M-1)...
ARMY | BCMR | CY2011 | 20110023931
The applicant requests reconsideration of his earlier request for correction of his records to show he completed 2 months and 29 days of foreign service in Vietnam vice 1 month and 27 days. The applicant provides: * letter from the U.S. Army Administration Center, St. Louis, MO (previously submitted) * DD Form 1108 (Application for Replacement of Separation Document) (previously submitted) * mailing envelope (previously submitted) * DD Forms 2349 (Military Pay Voucher) for 1-30 June 1965...
ARMY | BCMR | CY2011 | 20110010467
The applicant requests correction of item 24c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his dates of service in the Republic of Vietnam. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. The applicant served a qualifying period of...
ARMY | BCMR | CY2010 | 20100023048
The available evidence of record shows the applicant served in Hawaii from 26 August 1960 to 27 March 1963 and in Thailand from 2 September 1962 to 4 December 1962. The applicant has not provided any evidence to support his contention that his record should be corrected to show his service in Vietnam. The documents he provided show his service in Hawaii and Thailand, but not Vietnam.
ARMY | BCMR | CY2010 | 20100000516
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his one year of service in the Republic of Vietnam and the receipt of any Vietnam service medals to which he is entitled as a result of this foreign service. Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards. Records show he was awarded the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam.
ARMY | BCMR | CY2012 | 20120016980
Application for correction of military records (with supporting documents provided, if any). His service record contains no permanent change of station orders, TDY orders, or any other official documents that shows he was ordered to or served in Vietnam from September to December 1966. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 18f shows the total active duty outside the continental limits of the United...