BOARD DATE: 12 November 2009
DOCKET NUMBER: AR20090009564
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 military records to show his temporary duty (TDY) in the Republic of Vietnam from February 1965 to March 1965 and the issuance of medals earned for this period.
2. The applicant states that for security reasons his record was purged and no record is showing his time in Vietnam due to the fact they went into Cambodia and Laos on covert operations while assigned to the Central Intelligence Agency (CIA). He states he did not receive combat or TDY pay for this time.
3. The applicant provides no additional evidence or official documentation 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 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 applicant's military personnel records show he enlisted in the Regular Army (RA) on 26 March 1963 for a period of 3 years and he immediately reenlisted on 13 July 1964 for a period of 6 years. He completed the necessary training and he was awarded military occupational specialties (MOS) 941.10 (Cook) and 422.10 (Field Artillery Repairman).
3. On 22 January 1965, the applicant was assigned to Headquarters and Company A, 704th Maintenance Battalion at Fort Washington, WA. He remained assigned to that unit until he departed absent without leave (AWOL) on 9 June 1965 and he was dropped from the rolls of the Army on 10 June 1965.
4. On 9 May 1965, the applicant had been arrested by the New York City Police Department. He was charged with grand larceny, auto and possession of burglary tools. On 25 May 1965, the charges were reduced to unauthorized use of an automobile.
5. Section 6 (Time Lost Under Sec 6(a) APP 2b MCM 51 and Subsequent to Normal Date ETS) shows the following periods charged as time lost: 15 May - 24 May 1965 - confined by civil authorities; 30 May - 4 June 1965 - AWOL;
9 June - 2 August 1965 - AWOL; and 9 September - 28 October 1965 - confinement.
6. On 9 September 1965, the applicant was convicted by a special court-martial for being AWOL during the periods from on or about 30 May 1965 until on or about 5 June 1965 and from on or about 9 June 1965 until on or about 3 August 1965. His sentence consisted of confinement at hard labor for 3 months and a forfeiture of $83.00 per month for 3 months. On 16 September 1965, the convening authority approved the sentence but suspended 1 month of the confinement and 1 month of the forfeiture for a period of 5 months, at which time, unless the suspension is vacated, the suspended portion of the sentence will be remitted without further action.
7. On 24 November 1965, the applicant was discharged with a general, under honorable conditions discharge. He had completed 1 year and 13 days of creditable active service that was characterized as under honorable conditions. He had 121 days of time lost.
8. Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) shows he arrived in Inchon, Korea on 13 September 1963 and
departed Kimpo Air Force Base, Korea on 6 September 1964. There are no other periods of service outside the continental United States entered in this section.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was TDY in Vietnam from February 1965 to March 1965 with the CIA.
2. At the time the applicant claims to be TDY he was assigned at Fort Lewis, WA. There are no orders or other official documents in his Official Military Personnel File (OMPF) showing he was TDY to Vietnam or assigned to the CIA.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ ___x_____ ___x__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20090009564
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090009564
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090002224
The applicants military personnel records contain a copy of Headquarters, Presidio of San Francisco, California, Special Court-Martial Order Number 324, dated 18 December 1964. There is no evidence of record that shows the applicant served in Vietnam at any time during his military service. The evidence of record also shows that the DD Form 214 with an effective date of 10 April 1961 documents this period of the applicants honorable active duty service.
ARMY | BCMR | CY2008 | 20080018421
Application for correction of military records (with supporting documents provided, if any). 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 the Belgium Congo. There is no evidence of record which verifies the applicant served in the Belgium Congo other than his self-authored statements, Therefore, there is insufficient evidence on which to base correction of his records show foreign...
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 | CY2006 | 20060007234C070205
The applicant requests, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his dates of service in Vietnam during the period 7 July 1963 to 27 December 1963. The applicant provides temporary duty (TDY) orders, dated 24 June 1963; orders for the Purple Heart, dated 8 October 1963; orders for the Combat Infantryman Badge, dated 11 November 1963; and a DD Form 214 for the period ending 23 June 1964. However, evidence of record shows the applicant served in...
ARMY | BCMR | CY2013 | 20130008245
Application for correction of military records (with supporting documents provided, if any). On 14 January 1991, the U.S. Army Reserve Personnel Center administratively issued him a DD Form 215 (Correction to DD Form 214) adding his Vietnam Service from 5 August 1965 (date of departure from the continental United States en route to Vietnam) to 15 October 1965 (date prior to departure from Vietnam en route to the continental United States). With respect to his service in Alaska, there is no...
ARMY | BCMR | CY2011 | 20110013201
The applicant requests correction 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 and any associated medals or badges that were excluded from his original DD Form 214. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the...
ARMY | BCMR | CY2005 | 20050017368C070206
However, his DD Form 214 shows he was discharged on 6 July 1971 under the provisions of Army Regulation 635-200, for the good of the service with issuance of an under other than honorable conditions (undesirable) discharge. He completed 4 years, 10 months and 2 days of active military service during the period under review. There is no evidence of record which shows the applicant applied to the Army Discharge Review Board (ADRB) within its 15-year statute of limitations.
ARMY | BCMR | CY2008 | 20080004440
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records to show award of the Armed Forces Expeditionary Medal and the Vietnam Service Medal. xxxxx 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.
ARMY | BCMR | CY2013 | 20130012586
IN THE CASE OF BOARD DATE: 1 April 2014 DOCKET NUMBER: AR20130012586 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 20 October 1970, consistent with the chain of command's recommendations, the separation authority (a major general) approved the applicant's request for voluntary discharge for the good of the service - in lieu of trial by a court-martial in accordance with Army Regulation 635-200, chapter 10, and directed the applicant be reduced to the lowest enlisted grade and furnished...
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...