ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  10 May 2019

	DOCKET NUMBER:  AR20190002457


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 February 1965, to show his service in the Republic of Vietnam.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 14-118 (Record of Travel Payments)
* DA Form 8-275-3 (Clinical Record Cover Sheet)
* Standard Form (SF) 600 (Chronological Record of Medical Care)

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 served in Vietnam on temporary duty while attached to the 3rd Radio Research Unit (RRU).  On 20 January 1964, he was treated for a dog bite at the 8th Field Hospital.

3.  The applicant enlisted in the Regular Army on 25 April 1962.

4.  Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) shows he served 2 years and 18 days in the United States Army Pacific (USARPAC) with duty in Japan.

5.  The applicant was honorably released from active duty on 1 February 1965.  Item 24c (Foreign and/or Sea Service) of the DD Form 214 he was issued shows he served 2 years and 18 days in USARPAC.  The form further shows he was awarded or authorized the Armed Forces Expeditionary Medal (AFEM) and the Army Good Conduct Medal.  The AFEM was authorized for service in the Republic of Vietnam from 1 July 1958 to 3 July 1965.  
6.  The applicant provides:

     a.  DA Form 14-118 which shows he received payment for travel in the USARPAC theater of operations from 1 November 1963 to 18 February 1964.

     b.  SF 600, which shows he received a possible rabid dog bite on 19 January 1964 and he was treated by the 8th Field Hospital on 20 January 1964 with a second dose of vaccine.

     c.  DA Form 8-275-3 dated 21 January 1964, which shows, while a member of the 3rd RRU, he was treated for a dog bite by the 8th Field Hospital, Nah Trang, RVN.  

7.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The applicable regulation states for item 24c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., "Foreign and/or Sea Service (USAREUR)."  For item 32 (Remarks), the section will be used to complete entries too long for their respective blocks.  When used for cross-reference, the item number must precede the continued information.

BOARD DISCUSSION:

1.  The Board reviewed the application with supporting documents and evidence contained in the applicant’s records.  The document related to his treatment for a possible rabid dog bite while in Vietnam and the record of travel payment in the USARPAC theater of operations was compelling evidence.

2.  After reviewing the application and all supporting documents, the Board found by a preponderance of evidence that relief was warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 July 1967 with the following entry in Item 18 Remarks – Service in Vietnam (1 November 1963 through 18 February 1964).

  


	 
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 (Personnel Separations – Separation Documents), then in effect, states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

     a.  For item 24c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., "Foreign and/or Sea Service (USAREUR)."  

     b.  For item 32 (Remarks), the Remarks section will be used to complete entries too long for their respective blocks.  When used for cross-reference, the item number must precede the continued information.  This regulation also stated, indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.  Sample entries are as follows:

* To show service in Vietnam only, "Vietnam - 25 .Apr 70 through 28 May 71, Indochina-yes, Korea-no."
* To show service in Indochina (other than Vietnam) only, "Indochina-yes, Vietnam no, Korea-no."
* To show service in Korea only, "Indochina- no, Vietnam-no, Korea-yes."


ABCMR Record of Proceedings (cont)	 AR20190002457


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