BOARD DATE:	  20 January 2015

		DOCKET NUMBER:  AR20140008589 


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 Thailand.

2.  The applicant states he served overseas in Thailand with the 593rd Engineer Company from June 1963 to August 1963.  During this period he helped build roads and schools.  However, his DD Form 214 does not show this overseas service.

3.  The applicant provides copies of his DD Form 214, military pay documents, photographs, and information about his unit from Internet websites.

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 12 July 1962 for a period of 
3 years.  He was awarded military occupational specialty 62E (Operator, Construction Machinery).

3.  His DA Form 24 (Service Record) shows in –

* section 2 (Chronological Record of Military Service), in pertinent part, –

* 593rd Engineer Company (Construction), Fort Sill, OK, from 15 April 1963 to 16 December 1963
* enroute to U.S. Army Europe (USAREUR), from 17 December 1963 to 
16 January 1964
* 568th Engineer Company (USAREUR), from 17 January 1964 to 
23 June 1965
* enroute to the Continental United State (CONUS), from 24 June to 
2 July 1965

* section 5 (Service Outside CONUS) –

* departed CONUS – 1 June 1963
* arrived Korat, Thailand – 2 June 1963
* departed Korat, Thailand – 11 August 1963
* arrived CONUS – 12 August 1963
* departed CONUS – 6 January 1964
* arrived Bremerhaven, Germany – 15 January 1964

4.  A DA Form 8-275-3 (Clinical Record Cover Sheet) shows the applicant was admitted to the 31st Field Hospital, U.S. Forces, on 26 June 1963, and discharged to return to duty on 9 August 1963.  It also shows he was treated for a simple fracture of the mandible caused when he was hit in the jaw while engaged in a disagreement with another person.  It further shows the line of duty determination was undetermined and pending investigation.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 3 July 1965 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 2 years, 11 months, and 20 days of net active duty service this period.  It also shows in –

* item 24 (Statement of Service), block c (Foreign and/or Sea Service), he served in USAREUR – 1 year, 5 months, 28 days
* item 32 (Remarks), no entry for service in Thailand


6.  In support of his application the applicant provides the following documents.

   a.  Three DA Forms 2139 (Military Pay Vouchers) that show the applicant's pay for the months of July and August 1963 and that a "casual pay" was made to him on an unspecified day.  All three pay documents show he was assigned the 593rd Engineer Company (Construction), Fort Sill, OK.  The July 1963 military pay voucher shows he received $9.00 foreign duty pay.

   b.  Three DA Forms 2349 (Military Pay Vouchers) that show the applicant's pay for the months of September, October, and November 1963.  All three pay documents show he was assigned to the 593rd Engineer Company (Construction), Fort Sill, OK.  The military pay vouchers do not show he received any foreign duty pay.

   c.  Two pages of photographs of a military environment and presumably of the applicant during the period of service under review.  Included is a newspaper article pertaining to the applicant captioned "To Serve Overseas" that shows, in pertinent part, "He also participated in a 12 week exercise on the border of Thailand and Laos."

   d.  Printouts from four websites that show, in part, the 593rd Engineer Company (Construction), 9th Logistics Command, was part of the U.S. Army, Thailand Order of Battle in Korat during the period 6 June 1963 to 1 August 1963.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.

   a.  It also established standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation.

   b.  Change Number 15 to Army Regulation 635-5, effective 15 March 1972, changed the regulation to indicate Indochina and Korea service on or after 
5 August 1964 by entering inclusive dates for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.  For example, to show service in Vietnam only, enter "Vietnam Service:  29 May 1970 through 28 May 1971, Indochina – yes, Korea – no."


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his overseas service in Thailand.

2.  Records show the applicant was credited with 1 year, 5 months, and 28 days of overseas service for his service in Germany (USAREUR).

3.  Records also show the applicant departed CONUS on 1 June 1963, arrived in Thailand on 2 June, departed Thailand on 11 August 1963, and returned to CONUS on 12 August 1963.

4.  The Army regulatory guidance that authorized an entry to indicate Indochina (including Thailand) and Korea service applied specifically to service in the designated overseas area that occurred on or after  5 August 1964 (emphasis added).  The applicant's service in Thailand was prior to 5 August 1964.

5.  Therefore, he is not entitled to correction of his DD Form 214 in this instance.

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)                                         AR20140008589



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ABCMR Record of Proceedings (cont)                                         AR20140008589



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