IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140012505
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 (Report of Separation from Active Duty) to show his service in Thailand.
2. The applicant states he served overseas in Indochina with the 7th Radio Research Field Station (RRFS) in Udorn, Thailand, from July 1973 to May 1974. However, item 19 (Indochina or Korea Service Since August 5, 1964) of his
DD Form 214 shows an "X" in the "NO" box.
3. The applicant provides copies of his assignment/travel documents, promotion orders, and DD Form 214.
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 27 November 1972 for a period of 3 years. He was awarded military occupational specialty 71B (Clerk Typist).
3. His DA Form 2-1 (Personnel Qualification Record) shows in
* item 5 (Overseas Service): Thailand from 15 August 1973 through
11 May 1974
* item 38 (Record of Assignments): Company B, 7th RRFS, Thailand, from 17 August 1973 through 10 May 1974
4. The applicant's DD Form 214 shows he was honorably released from active duty on 26 November 1975 and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 3 years of total active duty service this period. It also shows in
* item 18 (Record of Service), block f (Foreign and/or Sea Service This Period): 0 years, 8 months, 27 days
* item 19: "X" in the "NO" box
* item 27 (Remarks): "Last period overseas service in: Thailand"
5. Change Number 15 to Army Regulation 635-5 (Personnel Separations Separation Documents), 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. It also explained, 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." To show service in Indochina (other than Vietnam) only, enter "Indochina yes, Vietnam no, Korea no."
6. Army Regulation 635-5, effective 15 October 1973, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214.
a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Qualification Record, Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.
b. Section II (Preparation of DD Form 214) contains item-by-item instructions for completing the DD Form 214. The instructions show for item 19, for Vietnam service, place an "X" in the "yes" block and give specific dates of service; specific dates are not required for Korea.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends item 19 of his DD Form 214 should be corrected to show his service in Indochina.
2. The evidence of record shows the applicant was credited with 8 months and 27 days of overseas service in Thailand and his DD Form 214 shows this service in item 18f and item 27.
3. However, the evidence of record also shows that service in Indochina
(including Thailand) subsequent to 5 August 1964 will be entered in item 19 of the DD Form 214.
4. Item 19 of the applicant's DD Form 214 shows an "X" in the "NO" box. Thus, it would be appropriate to correct this item, as recommended below.
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:
a. deleting the "X" from the "NO" box in item 19 of his DD Form 214, and
b. adding to item 19 of his DD Form 214 an "X" in the "YES" box and also the entry, "Indochina yes, Vietnam no, Korea no."
_______ _ __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) AR20140012505
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140012505
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015822
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 19 (Indochina or Korea Service Since August 5, 1964) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in: * Vietnam, from 1962 to 1963 * Vietnam, from 16 August 1965 to 4 July 1966 with the 1st Cavalry Division * Mayaguez, Puerto Rico, from 24 May 1967 to 13 April 1969, with the U.S. Army Instructor...
ARMY | BCMR | CY2014 | 20140008589
Application for correction of military records (with supporting documents provided, if any). However, his DD Form 214 does not show this overseas service. The applicant contends his DD Form 214 should be corrected to show his overseas service in Thailand.
ARMY | BCMR | CY2013 | 20130002103
c. Item 24 shows he was authorized one overseas service bar; however, he served in Vietnam for three 6-month periods during this period of service. Therefore, he is entitled to correction of his DD Form 214 to show he was authorized three overseas service bars. Therefore, he is entitled to correction of this DD Form 214 to show he was authorized three overseas service bars.
ARMY | BCMR | CY2014 | 20140005969
The applicant states a letter from Colonel (COL) W, the Executive Officer (XO) of Operational Detachment A-231 (ODA-231), confirms his deployment to Nam Phong, Thailand in the Vietnam Theater of Operations and his award of the Royal Thai Army Parachutist Badge and Fourragere (Novice) in 1972. His DD Form 214 does not show he was awarded or authorized the Vietnam Service Medal or the Royal Thai Army Parachutist Badge. COL W stated the applicant was assigned to ODA-231 in Thailand from...
ARMY | BCMR | CY2014 | 20140014030
GO Number 1905, issued by Headquarters, U.S. Army Vietnam on 27 May 1969, awarded him the Bronze Star Medal for meritorious service from June 1968 to June 1969. The evidence of record shows he participated in four campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: a. adding the entry "USARPAC" to item 22c; b. adding to item 24: * Bronze Star...
ARMY | BCMR | CY2011 | 20110019058
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 December 1966 to reflect his service in Vietnam. 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...
ARMY | BCMR | CY2010 | 20100028393
Application for correction of military records (with supporting documents provided, if any). It took seven days of hiding from the NVA before they were extracted and flown back to Thailand for debriefing and were told to keep their mouths shut about the rescue mission or something might happen to them. The applicant contends that his military service records should be corrected to shows his service in the RVN.
ARMY | BCMR | CY2010 | 20100020058
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 7 June 1965 to show his record of overseas service in Korea, any service ribbons he is entitled to, and his rank. Although there is no provision to indicate the specific dates of his service in Korea, it would be appropriate at this time to correct his DD Form 214 for the period ending 7 June 1965 to show in item 32 the entry "Indochina no, Vietnam...
ARMY | BCMR | CY2010 | 20100030338
Item 22 (Statement of Service), block c (Foreign and/or Sea Service), shows he served in USARV for 4 years, 5 months, and 3 days; c. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Meritorious Unit Commendation, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with (1960) Device, and six Overseas Service Bars. Army Regulation 600-8-22 (Military Awards)...
ARMY | BCMR | CY2015 | 20150004335
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he was awarded or authorized the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...