ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 April 2019 DOCKET NUMBER: AR20160014349 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 1 September 1967 to show he served in the Republic of Vietnam. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was on TDY (temporary duty assignment) from Okinawa to Cam Ranh Bay, Republic of Vietnam in May 1965 and his personnel file should have evidence to that event. Additionally, he needs verification of his service in the Republic of Vietnam in order to qualify for the Department of Veterans Affairs services since his income exceeds the limit to receive services. 3. The applicant enlisted in the Regular Army on 29 October 1964. 4. A review of his record reveals: a. A DA Form 20 (Enlisted Qualification Record) that shows he was assigned to the U.S. Army Transportation Group (Terminal), Ryukyu Islands (near Okinawa), in the United States Army Pacific command from on or about 15 March 1965 through on or about 16 August 1966, a period of 1 year, 5 months, and 2 days. b. Letter Orders (LO) Number T-33, issued by U.S. Army Transportation Group, Ryukyu Islands, APO San Francisco, dated 15 May 1965 shows the applicant was placed on TDY to Cam Ranh Bay, Vietnam on or about 16 May 1965 for a period of approximately 20 days for the purpose of accompanying U.S. Army Vessel LT 531 to the TDY point and return. 5. The applicant was honorably released from active duty on 1 September 1967 and transferred to the United States Army Reserve (USAR). He completed 2 years, 9 months, and 25 days of total active service. His DD Form 214 shows in: a. Item 22c (Foreign and/or Sea Service) the entry, "USARPAC 1 5 2" representing he served in the U.S. Army Pacific theater for 1 year, 5 months, and 2 days. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), contains no entry of any entitled or authorized awards as a result of service in the Republic of Vietnam. 6. The applicant's active duty service outside the continental limits of the United States during his period of service is listed as U.S. Army Pacific as prescribed within Army Regulation 635-5 (Separation Documents), dated 13 August 1963. 7. Army Regulation 600-8-22 (Military Awards), currently in effect, states in order to qualify for service in the Republic of Vietnam and award of the Vietnam Service Medal an individual must serve on TDY for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations. BOARD DISCUSSION: After review of the application and all of evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions were carefully considered. The Board agreed his time in RVN was TDY; TDY locations are not listed on the DD Form 214. Time served assigned or attached to an organization in a deployed area is listed on the DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): A review of the applicant's record shows he was authorized an award not listed on his DD Form 214. As a result, amend his DD Form 214, for the period ending 1 September 1967, by adding the Army Good Conduct Medal (1st Award) - General Orders Number 29 issued by Headquarters, 2d Battalion, 79th Artillery, Fort Sill, OK, dated 10 August 1967. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), dated 13 August 1963, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation identified the DD Form 214 as a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Item 22c 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 the service was performed (e.g., USAREUR (United States Army Europe)). 3. Army Regulation 600-8-22 (Military Awards), currently in effect, states in order to qualify for service in the Republic of Vietnam and award of the Vietnam Service Medal an individual must serve on TDY for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160014349 0 3 1