IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110017257
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 reflect his service in Vietnam.
2. The applicant states he needs the correction in order to receive medical benefits.
3. The applicant provides a DD Form 214 and a Certificate of Achievement.
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 27 August 1962 and upon completion of initial entry training he was awarded military occupational specialty 72B (Communications Center Specialist).
3. Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 3 March 1963 to 12 April 1964. Item 29 also shows service in Thailand.
4. He was honorably released from active duty on 16 August 1965. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he served 1 year and
8 months of foreign and/or sea service. It also shows the entry "USARPAC" [U.S. Army Pacific Command]. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Armed Forces Expeditionary Medal (AFEM).
5. He provided a Certificate of Achievement which he was awarded for service in Vietnam during the period 3 March 1963 to 4 April 1964.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents. The regulation in effect at the time of the applicant's separation specified that item 24c of the DD Form 214 would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed (e.g., USARPAC).
7. Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. It states individuals qualified for the AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, the Vietnam Service Medal may be awarded in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual. No person will be entitled to both awards for Vietnam service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his service in Vietnam has been carefully reviewed.
2. The evidence of record clearly shows he served in Vietnam. Item 24c of his DD Form 214 correctly shows his total foreign and/or sea service and the last overseas theater where the service was performed, USARPAC. The regulation in effect at the time of his separation did not provide for the country where the overseas service was performed to be identified on the DD Form 214. Therefore, this section of his DD Form 214 is correct as currently constituted.
3. Based on the foregoing, there is no basis to grant the requested relief.
4. The applicant is advised that based on award of the AFEM, he may apply to this Board for award of the Vietnam Service Medal in lieu of the AFEM. This action would also serve to reflect his service in Vietnam on his DD Form 214.
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) AR20110017257
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110017257
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120011802
However, item 32 of his DD Form 214 does not show his service in Vietnam. Although the governing regulation in effect at the time did not provide instructions to record Vietnam service in item 32 of the DD Form 214, there is no harm in adding his service in Vietnam from 3 March 1963 to 12 April 1964 to his DD Form 214. In regard to the new issue, the Board recommends that the DD Form 214 of the individual concerned be corrected by: a. deleting the AFEM from item 26; and b. amending item 26...
ARMY | BCMR | CY2012 | 20120007148
His record contains a DA Form 20 (Enlisted Qualification Record Version 1 January 1965) that shows in * item 31 (Foreign Service) he served in Vietnam from on or about 9 April 1964 to on or about 8 April 1965 * item 38 (Record of Assignments) he was assigned to the 61st Aviation Company in Vietnam * item 41 (Awards and Decorations) he was awarded the Armed Forces Expeditionary Medal (AFEM) (Vietnam) 5. This pamphlet shows that his unit of assignment in the Republic of Vietnam, the 61st...
ARMY | BCMR | CY2010 | 20100022206
c. The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. The evidence of record confirms he served an honorable period of active duty service between 18 March 1963 and 7 March 1966; therefore, he is entitled to award of the NDSM and to have this award added to his DD Form 214. As a result, the Board recommends that all...
ARMY | BCMR | CY2011 | 20110004729
The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 24c. The entry in item 29 of the applicant's DA Form 20 which shows he served in Vietnam from 6 October 1963 through 26 September 1964 is accepted as sufficient evidence on which to add the entry "Vietnam Service: 6 October 1963 to 26...
ARMY | BCMR | CY2009 | 20090014771
The applicant request, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show where he performed his foreign service and to show award of the Armed Forces Expeditionary Medal. The evidence of record confirms the applicant was awarded the Armed Forces Expeditionary Medal for his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to...
ARMY | BCMR | CY2010 | 20100000516
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his one year of service in the Republic of Vietnam and the receipt of any Vietnam service medals to which he is entitled as a result of this foreign service. Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards. Records show he was awarded the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam.
ARMY | BCMR | CY2014 | 20140018511
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year. However, the evidence shows he was awarded the AFEM...
ARMY | BCMR | CY2011 | 20110014405
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 the Republic of Vietnam (RVN) and all appropriate medals. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the following awards to item 26 of his DD Form 214 for the period ending 5 August 1965: * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit...
ARMY | BCMR | CY2011 | 20110010467
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 show his dates of service in the Republic of Vietnam. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. The applicant served a qualifying period of...
ARMY | BCMR | CY2010 | 20100027304
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to document his service in the Republic of Vietnam (RVN) and all awards due based on this RVN service. Army Regulation 600-8-22 (Military Awards) provides the Armys awards policy. Therefore, his DD Form 214 should be corrected to show these awards.