BOARD DATE: 22 April 2010
DOCKET NUMBER: AR20090017786
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) for the period ending
18 November 1964 to show he served in Vietnam.
2. The applicant states that he served with the 9th U.S. Army Security Agency (USASA) Operations Company in DaNang, Vietnam. His DD Form 214 should indicate he served in Vietnam.
3. The applicant provides Headquarters, 9th USASA Field Station Special Orders Number 162, dated 23 September 1964.
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 enlisted in the Regular Army on 12 February 1962 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 058.10 (Morse Interceptor).
3. The applicant arrived in the Philippines and was assigned to the 9th USASA Operations Company, Clark Air Force Base (AFB), Philippines on 28 March 1963.
4. Headquarters, 9th USASA Field Station Special Orders Number 162, dated 23 September 1964, show the applicant was being reassigned for processing for separation to the United States, with a reporting date of 14 November 1964.
5. Headquarters, 9th USASA Field Station Special Orders Number 24, dated
20 October 1964, show the applicant was awarded the Armed Forces Expeditionary Medal for support of the military operations in Vietnam.
6. Item 15 (Examining Facility or Examiner, and Address) of the applicant's Standard Form 88 (Report of Medical Examination), dated 28 October 1964, shows he was examined at the U.S. Air Force Hospital, Clark AFB, prior to his departure from the Philippines.
7. A Standard Form 89 (Report of Medical History), dated 28 October 1964, shows that the applicant was being separated and that he stated he was in good health. Item 15 (Examining Facility or Examiner, and Address) shows U.S. Air Force Hospital, Clark AFB.
8. There are no documents or orders in the applicant's records that show he served in Vietnam (i.e., morning report, deployment and/or temporary duty orders).
9. The applicant departed the Philippines on 17 November 1964. On
18 November 1964, he was honorably released from active duty after completing 2 years, 9 months, and 7 days of creditable active service with no time lost.
10. The applicant's DD Form 214 does not show awards for service in Vietnam. Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Philippines from 28 March 1963 through 17 November 1964.
DISCUSSION AND CONCLUSIONS:
The applicant provided Headquarters, 9th USASA Field Station Special Orders Number 162, dated 23 September 1964 to show he was in Vietnam. However, the orders do not show he served in Vietnam and there is no evidence, such as morning report entries or completed travel vouchers, in his records that show he served in Vietnam during his term of service. The preponderance of evidence in his available military records indicate that he served in the Philippines his entire period of service overseas. Therefore, there is insufficient evidence to change his DD Form 214.
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) AR20090017786
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ABCMR Record of Proceedings (cont) AR20090017786
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