PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 29 January 2002
	DOCKET NUMBER:         AR2001063564

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show his foreign service in item 22c (Foreign and/or Sea Service).

3.  The applicant states that item 22c of his DD Form 214 does not show any foreign service.  He states that he was in Vietnam from approximately December 1965 to December 1966.  He submits a copy of his DD Form 214 in support of his application.

4.  The applicant’s military records show that he entered active duty on 11 June 1964 and completed training as a combat engineer.  The applicant was honorably released from active duty on 9 June 1967.

5.  The applicant’s DD Form 214 does not show any foreign service in item 22c.  His discharge document does show authorized awards for service in Vietnam.

6.  His DA Form 20 (Enlisted Qualification Record) was prepared based on temporary records.  There are no entries shown in item 31 (Foreign Service) or any overseas assignments shown in item 38 (Record of Assignments).

7.  The applicant’s personnel records contain a DA Form 2658 (Health Record – Abstract of Service) which shows his unit, Company A, 326th Engineer Battalion, was transferred to Vietnam on 4 January 1966.  His records also contain 1st Brigade, 101st Airborne Division General Orders Number 319, dated 1 March 1967, which awarded him the Army Commendation Medal for meritorious service in Vietnam from 4 January 1966 to 1 December 1966.  The Board noted that the Army Commendation Medal is not shown on his discharge document.

8.  Orders published by the 1st Brigade, 101st Airborne Division, dated 10 September 1966, appointed the applicant to the temporary grade of specialist five (SP5) during his tour in Vietnam.  Headquarters, 1st Brigade, 101st Airborne Division Special Orders Number  331, dated 27 November 1966, reassigned him to the continental United States with a date of departure of 14 December 1966.

9.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in the appropriate item.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

CONCLUSIONS:

1.  Evidence of record available to the Board shows the applicant arrived in Vietnam on or about 4 January 1966 and departed on or about 14 December 1966.  Based on the available records, the Board was unable to determine the applicant’s specific dates of service in Vietnam.  Therefore, in the absence of evidence showing the applicant’s specific dates of service in Vietnam, his DD Form 214 will not be amended to show his foreign service in item 22c.

2.  However, in the interest of justice, the Board has determined that item 30 (Remarks) of his DD Form 214 should be amended to show the entry “Vietnam Service:  January 1966 – December 1966.”

3.  Orders show the applicant was awarded the Army Commendation Medal for meritorious service in Vietnam.  Therefore, it would be appropriate to amend his DD Form 214 to show the Army Commendation Medal.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by amending item 30 (Remarks) of the individual concerned DD Form 214 to show the entry “Vietnam Service:  January 1966 – December 1966”; and

b.  by amending his DD Form 214 to show he was awarded the Army Commendation Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

AAO____  MHM____  KAH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2001063564	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020129	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.