IN THE CASE OF:	   

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130020430 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Vietnam.

2.  The applicant states the Department of Veterans Affairs (VA) stated that he did not serve in combat and the National Personnel Records Center (NPRC) stated that they have no record of him serving in combat.  He is submitting copies of letters he wrote to his wife from Vietnam proving he was in country/combat.  

3.  The applicant provides no additional evidence.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant's DD Form 214 be corrected to show his combat service.

2.  Counsel states that according to the NPRC they were unable to locate any information to verify the applicant's military service.

3.  Counsel provides twenty mailing envelopes for letters written by the applicant and his then girlfriend, the applicant's DD Form 214, and a letter from the NPRC.



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 complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there was sufficient documentation submitted by the applicant's counsel for the Board to conduct a fair and impartial review of this case.

3.  Counsel provides: 

   a.  The applicant's DD Form 214 which shows he was inducted into the Army of the United States (AUS) on 17 December 1965.  He served as an ammunition storage specialist.  He was honorably released from active duty on 12 August 1968, at the expiration of his term of service, and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 11 months, and 25 days of net active service.  His DD Form 214 lists in:

* Item 22 (Foreign and/or Sea Service) - 1 year (USARPAC (U.S. Army Pacific))
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and two overseas service bars
* Item 30 (Remarks) – does not show any dates of service for Vietnam



   b.  Twenty mailing envelopes, dated between 21 February 1966 through 2 October 1967, which show the applicant wrote letters to and received them from his girlfriend while he was stationed at Fort Benning, GA; Redstone Arsenal, AL; Fort Lewis, WA; and APO San Francisco (Vietnam).

   c.  A letter, dated 28 October 2013, wherein the NPRC advised the applicant that they had conducted extensive searches of every record source and alternate records sources; however, they had been unable to locate any information that would help them verify his military service.  

4.  On 10 July 2014, a staff member of the Board contacted the applicant's counsel and requested verification of the applicant's arrival/departure dates to/from Vietnam for the applicant.  Counsel stated she would submit those dates to the Board on or before 15 July 2014.  Counsel had not responded to the request by 17 July 2014.  

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 22c - would list all periods of foreign service completed during the period of the DD Form 214 and the last overseas theater in which service was performed, i.e., "USARPAC"
* There were no provisions for listing the country in which the last period of overseas service was performed and/or identifying the country as a combat zone in item 30 of the form

6.  Army Regulation 635-5, dated 22 May 1972, stated:

* Item 22c would list the total active duty outside 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, i.e., USARPAC 
* Item 30 would list service in Korea, Vietnam, or Indochina, i.e., "Indochina-No, Vietnam-No, Korea-Yes"

7.  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 serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.

   b.  The Republic of Vietnam Campaign Medal is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who have served in Vietnam for a period of 6 months.

   c.  Individuals are awarded specific awards for being engaged in actual combat, or duty that is equally as hazardous as combat duty, during the operation with armed opposition, i.e., the Armed Forces Expeditionary Medal, Combat Infantryman Badge, Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was inducted into the AUS on 17 December 1965.  He was honorably released from active duty on 11 December 1967.  He was issued a DD Form 214 showing he served in USARPAC for a period of one year.  

2.  The applicant served in Vietnam as evidenced by his awards of the Vietnam Service Medal, Vietnam Campaign Medal, two overseas service bars, and the entry in item 22c (foreign service) of his DD Form 214.  However, his exact dates of arrival to and departure from Vietnam are unknown.  In the absence of the exact dates, it is not possible to make a correction to his DD Form 214 at this time.  

3.  However, based on the May 1972 regulatory guidance, Item 30c would show service in Vietnam.  Therefore, as a matter of equity, the entry, "Indochina-No, Korea-No, Vietnam-Yes" should be added to item 30 of his DD Form 214.

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 that all Department of the Army records of the individual concerned be corrected by

adding to item 30 of the applicant's DD Form 214 the entry "Indochina-No, Korea-No, Vietnam-Yes."



      _____________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)                                         AR20130020430





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ABCMR Record of Proceedings (cont)                                         AR20130020430



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