IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100018103
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 two Overseas Service Bars instead of one Overseas Service Bar.
2. He states:
* he served in Vietnam from 11 September 1966 to 4 June 1967
* he was en route to Hawaii with his new unit from 5 to 7 June 1967
* he served in Hawaii from 7 June 1967 to 2 December 1967 and he was discharged on 3 December 1967
3. He provides:
* a self-authored statement, dated 21 June 2010
* a DD Form 214 for the period ending 3 December 1967
* a DD Form 215 (Correction to DD Form 214), dated 17 April 2009
* a 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. The applicant was inducted into the Army of the United States on 9 December 1965.
3. His DA Form 20 shows he served in Vietnam from 12 September 1966 through 4 June 1967 and in Hawaii from 7 June 1967 through 2 December 1967.
4. He was released from active duty on 3 December 1967. His DD Form 214 shows he completed 1 year, 2 months, and 19 days of foreign service in the
U.S. Army Pacific.
5. On 17 April 2009, he was issued a DD Form 215 which amended his DD Form 214 to show, in pertinent part, award of one Overseas Service Bar.
6. In his self-authored statement he states:
* he currently has one Overseas Service Bar listed on his DD Form 214 and he believes he is entitled to two Overseas Service Bars
* he was in the Republic of Vietnam and assigned to Company C, 3rd Battalion, 12 Infantry Regiment, 4th Infantry Division from 11 September 1966 to 4 June 1967
* he was reassigned to Hawaii and assigned to Company C, 4th Battalion, 3rd Infantry Regiment, 11th Infantry Brigade from 7 June 1967 until he was discharged from the U.S. Army on 3 December 1967 in Oakland, CA
7. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the overseas service bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. The regulation further states that one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service authorized for the following: World War II,
Korea, Vietnam, Dominican Republic, Laos, Cambodia, Lebanon, Operation Earnest Will, Grenada, Operation Just Cause, Operation Desert Storm, El Salvador, Somalia, Operation Enduring Freedom, and Operation Iraqi Freedom.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for correction of his DD Form 214 to show two Overseas Service Bars for his service in Vietnam and Hawaii is acknowledged. However, his service record does not indicate an error or injustice exists in this case.
2. The evidence of record shows he served in Vietnam from 12 September 1966 through 4 June 1967 and in Hawaii from 7 June 1967 through 2 December 1967.
3. However, Army Regulation 670-1 does not show the Overseas Service Bar was authorized for service in Hawaii. Therefore, he is not eligible for correction of his records to show two Overseas Service Bars.
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) AR20100018103
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ABCMR Record of Proceedings (cont) AR20100018103
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