ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS I BOARD DATE: 25 March 2019 DOCKET NUMBER: AR20160015753 APPLICANT REQUESTS: in effect, correction of his DD Form 214 to show the Vietnam Service Medal and the location of his foreign service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application For Correction of Military Record) dated 10 August 2016 * U.S Passport * Consular Cash Receipt 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 there are omissions on his DD Form 214. He believes he is entitled to have his record reflect the Vietnam Service Medal and the area where he served. He states he was sent from Okinawa to Thailand with a Joint Task Force. 3. On 29 February 1960, the applicant enlisted in the Regular Army. Section 4 (Chronological Record of Military Service) shows his assignments overseas as: * 26 August 1960 – 20 October 1960: Enroute to U.S. Army Ryukyu Islands * 21 October 1960 – 27 October 1960: Headquarters, 9th Logistics Command, Army Post Office (APO) 331 * 28 October 1960 – 23 May 1962: 57th Ordnance Company, APO 331 * 24 May 1962 – 24 July 1962 – Temporary Change of Station, 57th Ordnance Company, APO 33 4. Historical APO records show APO 331 was at Sukiran, Okinawa. APO 33 opened at Korat, Thailand, effective 28 May 1962. 5. Medical records dated 14 May 1962 state applicant was admitted to the hospital on 9 May 1962 and states the patient was located in southeastern Asia during the month of April. He had been evacuated from his post in southeastern Asia to this hospital (the U.S. Army Hospital, Ryukyu Islands, APO 331). 6. On 28 February 1963, he was honorably released from active duty. His DD Form 214 show he completed 1 year, 10 months, and 28 days of foreign service (see item 24c). The DD Form 214 does not show the location of his foreign service. 7. He provides a U.S. Passport issued to him at Naha, Okinawa, on 27 March 1962. The Passport was valid through 26 July 1962. 8. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all Service members of the Armed Forces of the United States serving in Vietnam and its contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. Service members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award. 9. Army Regulation 600-8-22 does not contain criteria for a service medal for service in Thailand during the applicant's period of active duty. 10. Army Regulation 635-5 (Separation Forms), then in effect, did not provide for recording the location of foreign service on the DD Form 214. Later versions of the regulation required an entry in item 24c documenting the most recent theater in which foreign service had been performed (e.g., U.S. Army Pacific or U.S. Army Europe). BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant partial relief. The applicant’s contentions were carefully considered. The Board agreed to show he served in U.S. Army Pacific on his separation document. However, the Board also agreed regulatory guidance provides the Vietnam Service Medal was awarded for qualifying service 3 July 1965 through 28 March 1973; the applicant’s period was prior to the effective date of the award. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 28 February 1963 by adding “USARPAC” to item 24c (Foreign and/or Sea Service) 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the Vietnam Service Medal to his DD Form 214. 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 600-8-22 state that the Vietnam Service Medal is awarded to all Service members of the Armed Forces of the United States serving in Vietnam and its contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. Service members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award. 3. Army Regulation 635-5 (Separation Forms), then in effect, did not provide for recording the location of foreign service on the DD Form 214. Later versions of the regulation required an entry in item 24c documenting the most recent theater in which foreign service had been performed (e.g., U.S. Army Pacific or U.S. Army Europe). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160015753 4 1