IN THE CASE OF:	  

		BOARD DATE:	  28 April 2010

		DOCKET NUMBER:  AR20100024851 


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, in two applications, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the National Defense Service Medal (NDSM) and his service in Vietnam.

2.  He states:

* the omission was simple oversight due to his discharge date 
* he was assigned to the 3rd Radio Research Unit (RRU) in Tan Son Nhut Air Base, Saigon
* his Official Passport shows his arrival to and departure from Vietnam 
* his travel voucher indicates that he traveled to and from Vietnam
* although he was only in Vietnam for 3 days, without documentation on his DD Form 214, he cannot be considered for service-related health care

3.  The applicant submits:

* a copy of his DD Form 1056 (Authorization for a "No-Fee" Passport)
* two Special Orders
* a Standard Form 1012a (Travel Voucher)
* his DD Form 214
* two photographs

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 enlisted in the Regular Army on 5 October 1962 for a period of 3 years.  He held military occupational specialty 72B (communications center specialist).

3.  His DA Form 24 (Service Record) shows in:

* Section 2 (Chronological Record of Military Service), the entry:

* 8 March 1963 to 5 April 1963 - En route to APO 143, San Francisco, CA
* 6 to 8 April 1963 - 3rd RRU [Vietnam]
* 9 April 1963 to 19 September 1965 - Headquarters and Service Company, U.S. Army Security Agency, Special Operations Command (Airborne), (USASASOC) [Okinawa]

* Section 5 (Service Outside Continental U.S.) shows:

* he departed Travis Air Force Base, CA on 4 April 1963 and arrived in Saigon, Vietnam on 6 April 1963
* he departed Saigon, Vietnam on 9 April 1963 and he arrived in Naha, Okinawa on 9 April 1963
* he departed Naha, Okinawa on 20 September 1965 and he arrived at Travis Air Force Base, CA on 23 September 1965

* Section 9 (Medals, Decorations, and Citations) no award of the National Defense Service Medal.

4.  He submitted:

   a.  A DD Form 1056, dated 20 February 1963, which lists his destination as South Vietnam;

   b.  Special Orders Number 40, issued by U.S. Army Southeastern Signal School, Fort Gordon, GA, dated 25 February 1963, which show he was reassigned to the 3rd RRU;

	c.  A copy of his Official Passport which shows he received a visa for entry into Vietnam on 7 March 1963 and that he arrived to Vietnam on 6 April 1963 and he departed Vietnam on 9 April 1963;

   d.  Special Orders Number 43, issued by the 3rd RRU, dated 8 March 1963, that shows he was further assigned to the 51st USASASOC, U.S. Forces [Okinawa];

   e.  a Standard Form 1012a which shows he:

		(1)  departed Travis Air Force Base, CA on 4 April 1963 and arrived in Hawaii on 5 April 1963;

		(2)  departed Hawaii on 5 April 1963 and arrived on Guam Island on 6 April 1963;

		(3)  departed Guam Island on 6 April 1963 and arrived in Saigon, Vietnam on 6 April 1963;

		(4)  departed Saigon, Vietnam on 9 April 1963 and arrived at Clark Air Force Base, the Philippines on 9 April 1963; and 

		(5)  departed Clark Air Force Base, the Philippines on 9 April 1963 and arrived at Kadena Air Force Base, Okinawa on 9 April 1963.

5.  He submitted a copy of a picture labeled Tan Son Nhut.

6.  On 24 September 1965, he was honorably released from active duty after serving 2 years, 11 months, and 20 days of total active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the National Defense Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for item 24c, enter the total period of active duty served outside of the continental limits of the U.S. for the period covered by the DD Form 214 and to enter the last overseas theater in which the service was performed.

9.  Change Number 15 to Army Regulation 635-5, effective 15 March 1972, changed the regulation to indicate Indochina and Korea service on or after
5 August 1964 by entering inclusive dates for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.  For example, to show service in Vietnam only, enter "Vietnam -- 
6 Apr 70 through 28 May 71, Indochina - yes, Korea - no."

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period of service for the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Evidence of record shows the applicant served in Vietnam from 6 April 1963 to 9 April 1963.  Although Change Number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his Vietnam service during the period 6 April 1963 to 9 April 1963 at this time.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a
recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding to item 26 of his DD Form 214 the National Defense Service Medal, and

	b.  adding to item 32 (Remarks) of his DD Form 214 the entry "Vietnam -- 
6 April 1963 to 9 April 1963, Indochina - yes, Korea - no."



      ___________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)                                         AR20100024851



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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