BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120016980 


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 effect, correction of records to show he completed two periods of service in Vietnam.  

2.  The applicant states he was sent to Vietnam in a temporary duty (TDY) status from 8 September to 20 December 1966.  He lost or misplaced his TDY orders and he would like to have them replaced.  There were approximately 25 to 30 men on the orders.  He was an IWCS [Integrated Wideband Communications System] Field Inspector.  He received a certificate of achievement from Brigadier General (BG) RDT. 

3.  The applicant provides:

* Correspondence from his Member of Congress
* Former application to this Board
* Request for promotion determination
* General Orders (GO) Number 151 (promotion)
* DA Form 20 (Enlisted Qualification Record)
* Special Orders (SO) Number 153 (amendment of reporting date)
* Multiple DD Forms 214 (Report of Separation from Active Duty/Armed Forces of the United States Report of Transfer or Discharge/Report of Separation from the Armed Forces of the United States))
* SO Number 71 (promotion to staff sergeant)
* Multiple Transcripts of Military Service
* SO Number 65 (temporary appointment to sergeant first class)
* SO Number 87 (discharge orders)
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 enlisted in the Regular Army (RA) for 2 years on 3 August 1950 and he held a communications military occupational specialty. He was honorably released from active duty on 17 December 1952.  

3.  After a break in service, he enlisted in the RA on 31 May 1955.  He served through multiple reenlistments in a variety of stateside and overseas assignments which are listed on his DA Form 20 as:

* U.S. Army South (USARSO), Ethiopia, 15 November 1955 to 15 April 1958
* USARSO, Turkey, 11 May 1959 to 16 February 1960
* U.S. Army Europe (USAREUR), Germany, 30 September 1961 to 19 September 1964
* USAREUR, Germany, 10 July 1967 to 17 March 1968
* U.S. Army Pacific (USARPAC), Vietnam, 9 May 1968 to 5 May 1969
* USARPAC, Korea, October 1965 to April 1966

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the following units on:

* 9 January 1965, Headquarters Company, U.S. Army Strategic Communications Command (USASTRATCOM) – Continental United States (CONUS), Suitland, MD
* 4 June 1967, Headquarters STRATCOM - CONUS, Washington, DC
* 11 July 1967, 229th Signal Company, USASTRATCOM, Europe
* 1 December 1967, Company A, 72nd Signal Battalion, STRATCOM Europe
* 17 March 1968, enroute to USARPAC
* 24 May 1968, Company A, 29th Signal Battalion, Vietnam – USARPAC
5.  On 31 March 1974, he retired and he was placed on the Retired List on 1 April 1974.  His retirement DD Form 214, covering the period 4 June 1967 to 31 March 1974 shows in:

* Item 18f (Foreign and/or Sea Service This Period) – "01 08 05"
* Item 19 (Indochina or Korea Service Since August 5, 1964) Korea from October 1965 through April 1966, Vietnam 9 May 1968 through 5 May 1969
* item 27 (Remarks) and service in Germany from 10 July 1967 to 17 March 1968 and Vietnam 9 May 1968 to 5 May 1969

6.  His service records contain a Certificate of Achievement, signed by BG RDT that reads:

[Applicant], 1st Signal Brigade (USSTRATCOM), Army Post Office (APO), San Francisco, in recognition of meritorious service for the period of 8 September 1966 to 20 December 1966 while serving in the capacity of IWCS Contractor Field Inspector.  You demonstrated great technical knowledge and devotion to duty.  Your performance of duty reflects great credit upon yourself, IWCS, and the United States Army

7.  His service record contains no permanent change of station orders, TDY orders, or any other official documents that shows he was ordered to or served in Vietnam from September to December 1966.

8.  According to declassified Operational Report – Lessons Learned, 1st Signal Brigade (USSTRATCOM), APO San Francisco, 96307 (Vietnam), for the quarterly period ending on 31 January 1967, the 1st Signal Brigade continued the operations of communications-electronics support of U.S. Forces in Vietnam and Thailand.  The brigade had assets/personnel in multiple locations in Vietnam such as Qui Nhon, An Khe, Pleiku, Long Binh, Cam Ranh Bay, and Da Nang.  It also had assets in Thailand including Korat, Bangkok, and Bangpla.  The 1st Signal Brigade was formed in April 1966 and arrived in Southeast Asia to assume command of all Army communications-electronic resources in Vietnam and Thailand. 

9.  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 his or her 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 18f shows 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 service was performed, e.g., USAREUR [U.S. Army Europe].  

DISCUSSION AND CONCLUSIONS:

1.  There are no TDY orders in the applicant's service records to support his contention of TDY travel to Vietnam from September to December 1966. Recreating such orders is not a record correction; it is neither viable nor practical. His records contain a certificate of achievement in recognition of his service as an IWCS Contractor Field Inspector from 8 September 1966 to 20 December 1966.  However, in the absence of additional evidence, it is unknown if this service was served in Thailand, Vietnam, or Hawaii.  

2.  In the absence of permanent change of station or TDY orders; other official documents such as TDY settlement vouchers or leave and earnings statements showing receipt of hazardous duty pay; or witness statements, regretfully, there is insufficient evidence to support adding a second period of service in Vietnam to 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)                                         AR20120016980



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ABCMR Record of Proceedings (cont)                                         AR20120016980



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