IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100001053 


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 he served in the Republic of Vietnam (RVN).  He also requests any awards that he may be entitled to for his service.

2.  The applicant states he was in the RVN but his DD Form 214 does not show his RVN service.

3.  The applicant provides a copy of a DA Form 188 (Extract Copy of Morning Report); temporary duty orders; and a 1st Endorsement, Subject:  Tax-Free Month for TDY in Vietnam and Combat Pay, dated 11 September 1972.

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 was commissioned in the U.S. Army Reserve (USAR) and entered active duty as a second lieutenant on 18 November 1971.  He was trained in and awarded specialty 2136 (Non-Tactical Unit Officer).  He was honorably released from active duty on 10 November 1973 after completing
2 years, 5 months, and 5 days of creditable active service.  He was reverted to the USAR Control Group (Annual Training)

3.  The record shows he was assigned to the 412th Transportation Company, Okinawa, from 1 April 1972 through on or about 1 May 1973.

4.  There are no orders in his records showing he was attached or assigned to the RVN.  Item 30 (Remarks) of his DD Form 214 reads "RVN:  NO."

5.  He provides a copy of the following documents to validate his service in the RVN:

	a.  Headquarters, U.S. Army Base Command, Okinawa, Letter Orders Number T-261, dated 6 July 1972, that show he was authorized repeated temporary duty to Japan, South Korea, Taiwan (ROC), Philippines, Singapore, RVN, and Thailand to support MSC [major subordinate command] in South East Asia as a courier;

	b.  a DA Form 188 that shows he served on temporary duty at Newport-Saigon from 6 to 10 August 1972; and

	c.  Headquarters, 412th Transportation Company, Transportation Battalion, Special Troops, U.S. Command, Okinawa, memorandum, dated
5 September 1972, that indicates he was on temporary duty in the RVN for
5 days during the month of August 1972.

6.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service 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.  Qualifying service also included temporary duty for 30 consecutive or 60 non-consecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes 


standardized policy for preparing and distributing the DD Form 214.  Instructions for Item 30 state where the record reflects assignment to an organization in RVN show "yes."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he served in the RVN and any awards he may be entitled to during this period of service.

2.  Records show he was assigned to the 412th Transportation Company, Okinawa, from 1 April 1972 through on or about 1 May 1973.  There are no orders assigning or attaching him to an organization in the RVN.  Army Regulation 635-5 states RVN service is only shown on the DD Form 214 when the individual is assigned to an organization in RVN.  His DD Form 214 contains the correct entry in item 30 to show the entry "RVN:  NO."

3.  Regulatory guidance provides the Vietnam Service 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 in RVN includes temporary duty for 30 consecutive or 60 nonconsecutive days in Vietnam or contiguous areas, exceptions to the time limit may be waived for personnel participating in actual combat operations.  Official orders, temporary duty memorandum, and a DA Form 188 verify he completed 5 days of temporary duty in the RVN.  However, this brief period of temporary duty does not meet the qualifying period for award of the Vietnam Service Medal.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100001053



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)