IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20100027020
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 his service in Vietnam.
2. The applicant states that at the time of his service things were uncertain as to the degree of conflict in that country; things were overlooked and taken for granted.
3. The applicant provides:
* his DD Form 214
* LO [Letter Order] T-57, dated 20 May 1962
* Special Order TB-103, dated 4 December 1962
* Special Orders Number 19, dated 23 January 1963
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 20 November 1959 for a period of 3 years. He completed initial entry training, he was awarded military occupational specialty (MOS) 121.23 (combat engineer), and he was promoted to the rank/grade of specialist five (SP5)/E-5.
3. His DA Form 24 (Service Record) shows he was assigned to Headquarters and Headquarters Company and Company C, 1st Special Forces Group in Okinawa during the period of 5 March 1962 through 7 February 1963.
4. LO T-57, issued by Headquarters, 1st Special Forces Group (Airborne),
1st Special Forces, subject: Temporary Duty (TDY) Orders, dated 20 May 1962, show the applicant was scheduled to depart on TDY to Vietnam (Saigon) on or about 28 May 1962 for a period of approximately 180 days.
5. Special Order TB-103, issued by Headquarters, 13th Air Force, dated
4 December 1962, shows the applicant, as a patient (on TDY from Vietnam), was to proceed on or about 5 December 1962 from U.S. Air Force Hospital Clark in the Philippines to U.S. Army Hospital Ryukyus in Okinawa on TDY for an indefinite period for the purpose of medical treatment and disposition.
6. He was honorably released from active duty on 11 February 1963 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years, 2 months, and 22 days of total active service.
7. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Good Conduct Medal
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars
8. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time
period. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or
60 nonconsecutive days provided this support involved entering the area of operations. Vietnam was designated a U.S. Military Operations area authorized the Armed Forces Expeditionary Medal during the period 1 July 1958 to 3 July 1965.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. The regulation in effect at the time did not provide for entering the specific country where the service member served on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Based on available evidence it is not possible to determine exactly how long the applicant served in Vietnam in a TDY status. However, it is reasonable to presume that he served for a period of time sufficient to qualify him for entitlement to the Armed Forces Expeditionary Medal. As such, it would be appropriate to add the Armed Forces Expeditionary Medal to his DD Form 214.
2. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 the DD Form 214 of the individual concerned be corrected by adding to item 26 the Armed Forces Expeditionary Medal (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.
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