IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100028393 


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 military records to show that he served in the Republic of Vietnam (RVN).

2.  He states, in effect, after completing basic and advanced individual training (AIT) he was assigned to Combat Support Company (CSC), 1st Battalion, 12th Infantry, Fort Carson, Colorado.  Shortly after arriving at his new station he was approached by a Special Forces (SF) sergeant first class (SFC).  The SFC told him that he could not divulge his real name because of secrecy and that he along with others had been selected for a secret mission.  On the morning of 23 July 1973, he along with the SFC departed by plane from Peterson Air Force Base, to California, Alaska, Hawaii, Philippines, and Thailand.  While in Thailand, he along with others in his group were briefed on the mission at the SF Headquarters.  The mission was to rescue prisoners of war (POW) from a camp located in the RVN.  After being briefed, they were taken to a base camp in the RVN for training and preparation for an assault on the POW Camp.  

3.  He states the Joint Casualty Resolution Center (JCRC) and Central Intelligence Agency (CIA) personnel briefed them again on the plans for the assault and rescue of the POWs.  The plan was to get to the POW Camp, rescue the POWs, and be extracted by a reaction force based in Thailand.  The rescue group was loaded into two helicopters and flown near the Cambodian border.  It took six days to reach the POW camp.  Once there, they observed the coming and goings of the North Vietnamese Army (NVA) Soldiers guarding the camp and nearly 25 POW's.  He states they were supposed to spring an ambush on the camp but the group was compromised by the NVA, which led to a firefight.  During the firefight, he and another member of the group were wounded.  The rescue group was ordered to break contact and return to the extraction point.  It took seven days of hiding from the NVA before they were extracted and flown back to Thailand for debriefing and were told to keep their mouths shut about the rescue mission or something might happen to them.  He states that they were flown back to the States and he faded back into garrison life.  

4.  He provides no additional documentation in support of this case.

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 14 February 1973, and he successfully completed basic training at Fort Knox, KY and AIT at Fort, Carson, CO.  He was awarded military occupational specialty (MOS) 11B (Infantryman).

3.  On 7 July 1973, he was assigned to CSC, 1st Battalion, 12th Infantry, 4th Infantry Division (Mechanized), Fort Carson, CO.  On 15 November 1974, he was reassigned to E Company, 1st Battalion, 3rd Infantry (The Old Guard), Fort Myer, VA.

4.  On 13 February 1976, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4, after completing 3 years of active duty service with no time lost.

5.  Item 18f (Foreign and/or Sea Service this Period) of his DD Form 214 is blank.  Item 19 (Indochina or Korea Service Since 1954) shows a check in the "NO" box.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – II) shows the entry is blank.



6.  There are no orders in his military service records that show he was assigned/attached in the RVN.

7.  Army Regulation 635-5 (Separation Documents) in effect at that 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 preparation of the DD Form 214.  In pertinent part, it stated the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It states for item 19 of the DD Form 214 indicate Indochina and Korea service on or after 
5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military service records should be corrected to shows his service in the RVN.  

2.  Evidence of record shows after his initial training he was assigned to Fort Carson, CO, on 7 July 1973.  On 15 November 1974, he was assigned Fort Myer, VA until he was honorably released from active duty 13 February 1976.  

3.  His claim of being sworn to secrecy regarding his service in the RVN is acknowledged; however, in the absence of corroborating evidence there is insufficient evidence to change his military service records to show he served in the RVN.

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)                                         AR20100028393





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ABCMR Record of Proceedings (cont)                                         AR20100028393



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