ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20160015329 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from Active Duty) to show his service in Vietnam. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * U.S. Army Quartermaster Foundation History Page * photograph * Leave and Earning Statements (LES) for the periods 1 August 1972 – 31 August 1972 and 1 October 1972 – 31 October 1972 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: a. His DD Form 214 does not reflect his service in Vietnam due to the fact that his unit, the 549th Quartermaster Company, were supporting covert missions for the Central Intelligence Agency (CIA) at the time. b. From May 1972 to November 1972, all their operations were classified and only on a need to know bases. c. His LES' reflect that he was receiving combat pay and jump pay during this period. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows: * item 31 (Foreign Service) – U.S. Army Pacific (USARPAC) – Okinawa from 4 May 1972 to 27 October 1973. * item 38 (Record of Assignment) shows he was assigned to the 549th Quartermaster Company, U.S. Army Pacific (USARPAC), Okinawa from 10 May 1972 to 30 October 1973 4. His record does not contain any documentation that shows he was assigned to the Republic of Vietnam or that he received temporary duty (TDY) or permanent orders to Vietnam. 5. His record contains: a. A translated letter, issued by the Commander in Chief and Chief of the General Staff of the Khmer National Armed Forces, dated 24 September 1973, in which the applicant was recommended for the award of the National Defense of the Order of the Brigade. (Note: The Khmer National Armed Forces (French : Forces armées nationales khmères), often abbreviated to FANK, were the official armed defense forces of the Khmer Republic, a short-lived state that existed from 1970 to 1975, known today as Cambodia.) b. A letter issued by the Headquarters, United States Army Support, Thailand, dated 20 November 1973, shows a request for the authorization to accept and wear the foreign award of the National Defense of the Order of the Brigade was submitted, on behalf of the applicant, to the Adjutant General in Washington DC.. c. A letter issued by the Chief, Military Awards Branch, dated 14 December 1973, shows the applicant's request to be awarded and wear the foreign award was denied. 6. On 27 August 1974, the applicant was honorably discharged. His DD Form 214 shows: * item 18f (Foreign and/or Sea Service This Period) – "1 5 23" * item 19 (Indochina or Korea Service Since August 5,1964) – "No" * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Parachute Badge * item 27 (Remarks) – Does not list his foreign service in Vietnam 7. The applicant provides: a. Two LES': (1) One LES, for the period 1 August 1972 – 31 August 1972, shows in items 21 and 22, that he received hazardous foreign pay (HFP). Item 63 contains the entry, “CZ JUL72 [and] JUN72” and shows that he was in a temporary duty (TDY) status on “720621, 2300 HRS, 720701 CONTINUED FROM PRIOR MONTH, [and] 720716, 0130 HRS; though the LES does not specify the location. (2) The other LES, the period 1 October 1972 – 31 October 1972, shows in items 20 and 22, that he received foreign duty pay (FDP). Item 63 contains the entry, “DUTY TDY 720902 0730 HRS[,] 720907 2400 HRS; FDP on “7207 [,] 7208 [and on] 7209.” (3) Neither of the LES’ provide a specific duty location. b. A copy of a photograph of himself next to a sign of the 549th Quartermaster Company. c. An article from the U.S. Army Quartermaster Foundation that states, "The 549th Quartermaster Company [was] stationed in Japan. While nether assigned nor stationed in Vietnam, this unit sent platoon sized and smaller elements on TDY (Temporary Duty) to Vietnam and Thailand. One platoon was attached to the 383rd QM Detachment at Bien Hoa in 1968 during the Khe Sanh and Tet Airdrops. Other riggers of the 549th were stationed in Thailand where they rigged loads for CIA missions. In May 1972, a platoon was sent to Tan San Nhut Air Base near Saigon to perform high altitude drops for ARVN troops and American advisors during the siege at An Loc. The unit was inactivated 21 December 1974 in Okinawa." 8. Army Regulation 635-5 (Separation Documents), dated 20 August 1973, with an effective date of 15 October 1973, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. a. Item 18f states, all service shown in 19 (a) through (f) will be less time lost under 10 U.S. Code 972 and time lost subsequent to expiration of term of service. It does not provide for the listing of a Soldier's deployment or that the location be listed in item 27 (Remarks) section during the period covered by the DD Form 214. b. Item 19 states, indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service in Vietnam and indicating "yes" or "no" for service in Indochina and Korea. The applicant’s DD Form 214, item 19, lists “no” for service in Indochina or Korea. BOARD DISCUSSION: The evidence presented does not demonstrate the existence of a probable error or injustice. The record does not indicate service in Vietnam. The board considered all the evidence including the LESs indicating TDY dates. The board found that TDY is not countable as service; service via appropriate assignment or attachment orders or existing service records validates service. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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): Not Applicable ? 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 20 August 1973, with an effective date of 15 October 1973, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. Chapter 2-7, Preparation instruction, states in: a. Item 18 (Record of Service). All service shown in 19 (a) through (f) will be less time lost under 10 U.S.Code 972 and time lost subsequent to expiration of term of service. b. Item 19 (Indochina or Korea service since August 5, 1964). For Vietnam service place an x in the “yes” block and show specific dates of service. ABCMR Record of Proceedings (cont) AR20160015329 4 1