IN THE CASE OF:
BOARD DATE: 31 November 2010
DOCKET NUMBER: AR20100014905
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 item 24c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add his service in Okinawa and in the Republic of Vietnam.
2. The applicant states, in effect, he was assigned to the 173rd Airborne Brigade during the period 15 April 1963 through 4 October 1964. During this assignment, he served in Vietnam from August 1964 to October 1964.
3. The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record).
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. His military record shows he enlisted in the Regular Army for a period of
3 years and entered active duty on 11 October 1962. After the completion of basic combat and advanced individual training, he was awarded military occupational specialty 63H (Automotive Maintenance Helper).
3. Item 31 (Foreign Service) of his DA Form 20 shows he served in Okinawa during the period 15 April 1963 through 4 October 1964. Item 38 (Record of Assignments) indicates that during this period, he was assigned with the 503rd Support Company; Company D, Maintenance Battalion; and Headquarters and Headquarters Company (HHC), 173rd Airborne Brigade (Separate) in Okinawa.
4. A copy of his DD Form 214 shows he was honorably released from active duty on 8 October 1965 and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed a total of 1 year, 11 months, and 28 days of active service.
5. Item 24c of his DD Form 214 contains the entry 00 00 00.
6. Item 32 (Remarks) of the applicants DD Form 214 does not contain any entries showing foreign service participation.
7. His records contain a copy of Special Orders Number 196, Headquarters, 173rd Airborne Brigade (Separate), dated 9 September 1964, which reassign him to Fort Campbell, KY with a reporting date of 6 October 1964. Item 38 of his DA Form 20 confirms he was assigned to the 801st Maintenance Battalion, Fort Campbell, KY on 19 October 1964.
8. A review of his records does not contain any evidence and the applicant has not provided sufficient evidence to show he served in Vietnam with the 173rd Airborne Brigade (Separate).
9. A brief history of the 173rd Airborne Brigade (Separate) indicates the brigade was activated on the island of Okinawa on 26 March 1963. The "Sky Soldiers," as the Nationalist Chinese paratroopers called the 173rd Brigade, made thousands of parachute jumps in a dozen different Pacific area countries.
10. On 3 May 1965, the lead element of the 173rd Airborne Brigade, departed for South Vietnam. It was the first U.S. Army ground combat unit committed to the war. Combat elements of the 173rd Airborne Brigade included the 1st, 2nd, 3rd, and 4th Battalions, 503rd Infantry; the 3rd Battalion, 319th Airborne Artillery; Company D, 16th Armor; Troop E, 17th Cavalry; and the 335th Aviation Company.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his DD Form 214 by adding his foreign service in Okinawa and in Vietnam was carefully considered.
2. There is no evidence in the available record, and the applicant has not provided sufficient evidence, to show he served in Vietnam from August to October 1964. The unit history of the 173rd Airborne Brigade shows that the first ground troops arrived in Vietnam on 3 May 1965. The applicants records indicate he was serving in Fort Campbell, KY during that period. Therefore, there is no basis for granting the applicant foreign service credit for Vietnam.
3. The applicants records indicate he served a complete tour of duty in Okinawa. As a result, item 24c should be amended to read 01 05 20.
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 are corrected by amending item 24c of his DD Form 214 by deleting the entry 00 00 00 and adding 01 05 20.
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 credit for Vietnam.
___________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) AR20100014905
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