IN THE CASE OF:	  

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150003213 


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) by adding his temporary duty (TDY) service in Vietnam.

2.  The applicant states, in effect:

* he was sent to Vietnam on TDY in early December 1971
* this service was not reflected on his DD Form 214
* TDY may have been viewed as trivial at the time, but this is not the case today
* he requests the Board to note his December 1971 sub-voucher initially showed the payment of hostile fire pay (HFP); it was taken away from him when he was at Oakland Army Base because, he was told, no one could receive HFP payment from a finance office based in the U.S.
* his service in Vietnam was nonetheless recognized in that no income tax was withheld for having performed duties in a combat zone
* Letter Orders (LO) Number T-1332, dated 23 November 1971, issued by Headquarters, U.S. Army, Ryukyu Islands, as well as a DA Form 1 (Morning Report) (shown as ending 2400 hours, 1 December 1971), both indicate travel to Thailand, Vietnam, the Philippines, Taiwan, Republic of China, and Korea; he actually only traveled to Thailand and Vietnam 


3.  The applicant provides:

* LO Number T-1332, dated 23 November 1971, issued by Headquarters, U.S. Army, Ryukyu Islands
* DA Form 1 for the period ending at 2400 hours on 1 December 1971
* DA Form 2139 (Military Pay Voucher), showing the pay period 1 December 1971 to 7 December 1971
* Board of Veterans' Appeals decision, dated 4 February 2015

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 was inducted into the Army of the United States on 5 May 1970.  

3.  He was honorably released from active duty on 7 December 1971.  His DD Form 214 shows he completed 1 year, 7 months, and 3 days of net active creditable service.  Item 12c (Foreign and/or Sea Service) reflects 1 year and 23 days service in the U.S. Army Pacific Command (USARPAC).  Item 30 (Remarks) shows "NA" for service in Vietnam.

4.  His record contains a DA Form 20 (Enlisted Qualification Record) which shows in item 31 (Foreign Service) that he served in USARPAC, Okinawa.

5.  His available official military personnel file is void of any information showing service in Vietnam.

6.  The applicant provides:

	a.  LO Number T-1332, dated 23 November 1971, issued by Headquarters, U.S. Army, Ryukyu Islands (USARYIS), shows the applicant was sent on TDY, proceeding on or about 6 December 1971 for a period of about 7 days and traveling to Thailand, Vietnam, Philippines, Taiwan, Republic of China, Korea, and Japan.

	b.  A DA Form 1 for the period ending 2400 hours, 1 December 1971, shows the applicant as departing on TDY for an approximate period of 7 days under the authority of LO Number T-1332.  The projected locations of travel are shown as Thailand, Vietnam, Philippines, Taiwan, Republic of China, Korea, and Japan.

	c.  DA Form 2139, for the period 1 December 1971 to 7 December 1971:

* item 2 shows this voucher is for final separation pay
* item 5 (Number of Tax Exemptions) shows Combat Zone (CZ)
* item 9 (Taxable Income) shows CZ
* item 10 (Organization and Address) shows this voucher was prepared at U.S. Army Transfer Station, U.S. Army Personnel Center, Oakland, CA
* item 11 (Remarks) shows HQ USARYIS; Time & Date Departed:  7 December 1971; Date and Country Departed shows 7 December 1971 and RVN (Republic of Vietnam) is lined through, with a handwritten entry "OKI"
* item 19 (Incentive/Special Pay) shows HFP for the amount $15.17; this entry is lined out

	d.  Board of Veterans' Appeals decision, dated 4 February 2015, which shows the board found the applicant's diagnosis of type II diabetes mellitus was linked to his temporary duty in Vietnam.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, shows in Change 11, effective 2 January 1970, that inclusive dates of service in Vietnam are to be shown in the item 30 of the DD Form 214.

8.  A Military Pay Chart from the Defense Finance and Accounting Service, effective January 1971, shows the rate for HFP that year was $65 per month.  This equates to $2.17 per day ($65 divided by 30 days).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his TDY service in Vietnam.  In support of his request he provides documents which appear to confirm his temporary service in Vietnam.  There is, however, no clear proof as to the exact dates of this service.

	a.  LO Number T-1332 indicates travel to Thailand, Vietnam, Philippines, Taiwan, Republic of China, Korea, and Japan.  The applicant was to proceed on or about 6 December 1971.  It is evident the 6 December 1971 date was not the date travel actually commenced.

	b.  A DA Form 1 indicates that on 1 December 1971 the applicant departed his unit to travel to Thailand, Vietnam, Philippines, Taiwan, Republic of China, Korea, and Japan.  The form also shows travel was to last about 7 days (which would mean travel would end on or about 7 December 1971).  Because the reporting period ends on 1 December 1971, it offers no verification of the actual dates traveled and the exact locations to which travel was completed.

	c.  He states that although both the TDY order and the DA Form 1 suggest travel to the listed locations, he actually only went to Thailand and Vietnam.  He provides no documentary evidence to support his contention, however.

	d.  The DA Form 2139 the applicant provides, as does his DD Form 214, shows he was at the U.S. Army Personnel Center in Oakland, CA on 7 December 1971.  The DA Form 2139 also shows he received separation pay for the period 1 December 1971 to 7 December 1971.  

		(1) There are entries which suggest he may have been, at some point during that period, in a combat zone, and may have been eligible for HFP.  

		(2) There is an amount of $15.17 identified as HFP on the pay voucher.  Assuming this amount was an accurate calculation of the HFP he could have received for service in Vietnam, the amount equates to about 7 days ($15.17 divided by $2.17 = 6.99).  This amount is crossed out, however.

	e.  Even accepting the applicant's contention he only traveled to Thailand and Vietnam, no specific dates of service in Vietnam are identified such that they could be distinguished from any time served in Thailand. 

2.  Based upon the foregoing, there is insufficient evidence to support granting the requested relief.


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)                                         AR20150003213





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ABCMR Record of Proceedings (cont)                                         AR20150003213



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