IN THE CASE OF:	  

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110019624 


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 as well as the Vietnam Service Medal, Vietnam Campaign Medal, and other Vietnam-related awards and decorations.

2.  The applicant states the official records were either destroyed or are missing due to the Army's inadequate record maintenance of Army marine branch units during the Vietnam War.  Nevertheless, his Leave and Earnings Statement for October 1971 shows he received hazardous duty pay.  He was in Vietnam on multiple occasions in October, November, and December 1971 as well as a period of 4 months in 1972.  He made several trips to various ports in Vietnam varying in duration from 3 days to 3 weeks depending on orders.  

3.  The applicant provides:

* DD Form 214 for the periods ending 1 July 1970 and 2 April 1973
* DA Form 20 (Enlisted Qualification Record)
* Letter from the Office of the Chief of Transportation
* Letter from a former chief 
* Extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit)




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's records show he was inducted into the Army on 29 June 1970.  He enlisted in the Regular Army on 2 July 1970 and he held military occupational specialty (MOS) 61C (Marine Engineer).  Upon completion of MOS training, he was subsequently assigned to the U.S. Army Pacific (USARPAC).

3.  Item 38 (Record of Assignments) of his DA Form 20 shows the following entries:

* 20 January 1971, U.S. Army Transportation Operations Directorate, Okinawa-USARPAC
* 4 August 1971, 384th Transportation Detachment, Okinawa-USARPAC
* 1 November 1970, 389th Transportation Detachment, Okinawa-USARPAC

4.  There are no permanent change of station (PCS) orders, temporary duty (TDY) orders, or any other official documents in his service records that show he was ordered to or served in Vietnam.

5.  He departed Okinawa on or about 15 July 1972 en route to Fort Eustis, VA, where he remained until he was honorably released from active duty on 2 April 1973.  His DD Form 214 shows the following entries:

* item 22c (Foreign Service) - 1 year, 5 months, and 29 days of foreign service in Okinawa
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show any Vietnam service-related awards
* item 30 (Remarks) does not list service in Korea, Indochina, or Vietnam

6.  He submitted:

	a.  A statement, dated 3 August 2011, from a former executive officer and chief mate of the U.S. Army Vessel Large Tug (LT) -529 and the LT 579.  He certifies that these vessels were the 384th and 389th Detachments, respectively.  He adds that although the home port for those vessels was Okinawa, they routinely sailed to the Philippines, Taiwan, Singapore, and Vietnam.  In Vietnam, they sailed to Saigon, Cam Rahn Bay, Da Nang, Vongtov, and Quin Yong.

	b.  Leave and Earnings Statements for October 1971 and December 1971 with selected entries circled. 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of military service.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 22c would show the total period of active service outside of continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., USAREUR [U.S. Army Europe], USARPAC, etc.  Furthermore, item 30 was used for Department of the Army mandatory requirements when a separate block was required for a continuation entry.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	b.  the Republic of Vietnam 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.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was assigned to a transportation detachment in Okinawa, Japan.  This is further confirmed by the statement submitted by the former executive officer.  Although the detachment may have sailed out of Okinawa to various ports and/or locations, nothing in the applicant's records supports his presence in Vietnam.  

2.  In the absence of PCS or TDY orders, operations orders, after action reports, or any other official documents such as TDY settlement vouchers, or witness statements, there is insufficient evidence to grant relief in this case.

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)                                         AR20110019624





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ABCMR Record of Proceedings (cont)                                         AR20110019624



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