IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140018315
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his service in Vietnam.
2. The applicant states that he served in Vietnam from September 1964 to August 1965 with the 14th Aviation Battalion in Nha Trang, South Vietnam and never had any reason to question the correctness of his DD Form 214 until he encountered problems with the Department of Veterans Affairs (VA) in proving that he served in Vietnam.
3. The applicant provides a copy of his award of the Army Commendation Medal awarded for meritorious service in Vietnam from September 1964 to August 1965.
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 was inducted on 22 October 1963. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as a clerk typist at Fort Benning, Georgia before being transferred to Vietnam on
10 October 1964 for assignment to Headquarters and Headquarters Detachment, 14th Aviation Battalion.
3. He departed Vietnam on 19 August 1965 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 20 August 1965 to attend school. He had served 1 year, 9 months, and 29 days of active service.
4. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. The regulation, in effect at the time, provided that the major command (i.e., USARPAC, USAREUR, FEPA, AMEA, etc) for the last overseas assignment would be entered in item 22c. However, the regulation did provide that the Remarks block could be used to add additional pertinent information.
DISCUSSION AND CONCLUSIONS:
1. Although the regulation in effect at the time did not provide provisions for adding specific dates of assignment to areas such as Vietnam, it did not preclude such entries.
2. The regulation allowed additional pertinent information to be placed in the remarks section when needed. Therefore, since there was no prohibition from making such entries for service in Vietnam and since the intent of the DD Form 214 is to provide pertinent information to employers and service organizations, the applicants request appears to have merit.
3. Accordingly, his DD Form 214 should be corrected to show in item 32 (Remarks) of his DD Form 214 the entry Service in Vietnam 19641010 19650819.
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 the entry SERVICE IN VIETNAM 19641010 19650819 to block 32 of his DD Form 214.
_______ _ _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) AR20140018315
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140018315
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130003513
The applicant's DD Form 214: a. lists his awards as: * "EXPERT (BADGE RIFLE)" * GOOD CONDUCT MEDAL * VIETNAM SERVICE MEDAL b. shows in the Statement of Service Block that he served 5 months and 19 days in the United States Army Pacific (USARPAC); and c. the Remarks block does not contain the dates of his service in the RVN. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of...
ARMY | BCMR | CY2013 | 20130019971
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Vietnam. Therefore, his DD Form 214 should be corrected to show these unit awards. 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: * deleting from item 26 of his DD form 214 the Vietnam Service Medal * adding to item 26 of...
ARMY | BCMR | CY2013 | 20130012784
Item 31 (Foreign Service) and item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) show he deployed with the 6th Battalion, 14th Artillery to Vietnam on 4 October 1965. Awarding him the Army Good Conduct Medal (First Award) for the period of service 15 January 1964 to 11 January 1966. b. Adding the following awards to his DD Form 214: * Army Good Conduct Medal (First Award) * Presidential Unit Citation (Army) * Meritorious Unit Commendation (Army) * National...
ARMY | BCMR | CY2012 | 20120007148
His record contains a DA Form 20 (Enlisted Qualification Record Version 1 January 1965) that shows in * item 31 (Foreign Service) he served in Vietnam from on or about 9 April 1964 to on or about 8 April 1965 * item 38 (Record of Assignments) he was assigned to the 61st Aviation Company in Vietnam * item 41 (Awards and Decorations) he was awarded the Armed Forces Expeditionary Medal (AFEM) (Vietnam) 5. This pamphlet shows that his unit of assignment in the Republic of Vietnam, the 61st...
ARMY | BCMR | CY2013 | 20130007638
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. c. Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, it would be appropriate to award the applicant this medal based on the available evidence. As a result, the Board...
ARMY | BCMR | CY2011 | 20110010467
The applicant requests correction of item 24c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his dates of service in the Republic of Vietnam. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. The applicant served a qualifying period of...
ARMY | BCMR | CY2010 | 20100021156
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as specialist five (SP5) and to show the awards of the Army Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), Air Medal (14th Oak Leaf Cluster), and any medals awarded to...
ARMY | BCMR | CY2014 | 20140018511
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year. However, the evidence shows he was awarded the AFEM...
ARMY | BCMR | CY2010 | 20100014905
Item 31 (Foreign Service) of his DA Form 20 shows he served in Okinawa during the period 15 April 1963 through 4 October 1964. A review of his records does not contain any evidence and the applicant has not provided sufficient evidence to show he served in Vietnam with the 173rd Airborne Brigade (Separate). There is no evidence in the available record, and the applicant has not provided sufficient evidence, to show he served in Vietnam from August to October 1964.
ARMY | BCMR | CY2014 | 20140013011
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 was awarded the Air Medal. His record is void of orders that show he was awarded the Air Medal; however, it does contain a Military Assistance Command, Vietnam (MACV) Form 200 (Recommendation for Decoration for Merit) that shows: * he was recommended for award of the Air Medal for sustained operations during the period 12 September 1964 through 1...