IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20140020693
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 foreign service in Vietnam.
2. The applicant states he served in Vietnam from 5 May 1962 to 7 May 1963. The proof of his service is in his official military personnel records.
3. The applicant provides:
* DD Form 214 ending on 16 October 1964
* Page 3 of a DA Form 24 (Service Record)
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 on 23 July 1957 and he held military occupational specialty 811.10 (Draftsman). He served in Germany from 27 December 1957 to 21 April 1960.
3. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 7 May 1960 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.
4. His DD Form 214 for this period of service shows he completed 2 years, 9 months, and 15 days of creditable active service with no lost time. His DD Form 214 shows in:
* Item 24c (Foreign and/or Sea Service) he completed 2 years, 4 months, and 11 days of foreign service
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the Army Good Conduct Medal
5. He again enlisted in the Regular Army on 17 October 1961. His DA Form 24 shows he served in:
* Vietnam from 5 May 1962 to 7 May 1963 (1 year and 3 days); he was assigned to 178th Signal Company, 39th Signal Battalion
* Panama from 6 May 1964 to 4 August 1964 (3 months and 1 day); he was attached to U.S. Signal Service, Quarry Heights, Canal Zone
6. He was honorably discharged from active duty in the rank/grade of sergeant/E-5 on 16 October 1964. His DD Form 214 for this period of service shows he completed 3 years of creditable active service. His DD Form 214 shows in:
* item 24c, he completed 1 year, 3 months, and 9 days of foreign service
* item 26, the Marksman Marksmanship Qualification Badge with Carbine Bar, a letter of commendation, the Armed Forces Expeditionary Medal, and the Army Good Conduct Medal (2nd Award)
* item 30 (Remarks) no entry for Vietnam service
7. 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 their military service. Chapter 2 of the regulation in effect at the time stated:
* item 24c showed the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214
* tem 26 showed a member's awards and decorations
* item 30 was used for mandatory requirements, when a separate block was not available, and as a continuation entry
8. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. This medal was awarded for qualifying service in Vietnam from 1 July 1958 to 3 July 1965.
DISCUSSION AND CONCLUSIONS:
The applicant served in Vietnam from 5 May 1962 to 7 May 1963 and received the Armed Forces Expeditionary Medal for that service. While there was no requirement to list the specific country of foreign service at the time, there would be no harm to the Army or the applicant if his foreign service in Vietnam is now listed separately in 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 the evidence presented is 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 statement "SERVICE IN VIETNAM FROM 5 MAY 1962 to 7 MAY 1963" to item 30 of his DD Form 214 for the period ending 16 October 1964.
_______ _ _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) AR20140020693
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140020693
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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