IN THE CASE OF: BOARD DATE: 21 June 2023 DOCKET NUMBER: AR20220009890 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 October 1971 to show his foreign service in Vietnam in 1966 and 1967. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Statement * Military Leave and Earnings Statements, 2 October 2020 through 11 April 2022 * Monthly Incentive Pay Chart, 1 July 1966 * DA Forms 2139 (Military Pay Voucher) for – * 1-30 September 1966 * 26 September 1966 * 1-31 October 1966 * 17 October 1966 * 24 October 1966 * 1-30 November 1966 * 1-30 April 1968 * DA Forms 2349 (Military Pay Voucher) for – * 1-31 December 1966 * 1-31 January 1967 * 1-28 February 1967 * 1-31 March 1967 * 1-30 April 1967 * 1-31 May 1967 * 1-30 June 1967 * 1-31 July 1967 * 1-31 August 1967 * 1-30 September 1967 * 1-31 October 1967 * 1-30 November 1967 * 1-31 December 1967 * 1 October 1967 through 31 December 1967 * 1-31 January 1968 * 1-29 February 1968 * 1-31 March 1968 * DD Forms 214 for the periods ending 24 February 1966 and 12 October 1971 * Headquarters, 2d Logistical Command, Special Orders 270, 3 November 1966 (page 1 only) * DA Form 20 (Enlisted Qualification Record), 31 October 1966 * Headquarters, 2d Logistical Command, Special Orders 200, 17 August 1967 * Headquarters, 2d Logistical Command, Memorandum (Letter of Appreciation), 9 January 1967, with 1st Endorsement, 13 January 1967 * Cover Letter * Office of the Adjutant General Memorandum (Operational Report – Lessons Learned, Headquarters, 2d Logistical Command (Unclassified), 11 May 1967 * Headquarters, 2d Logistical Command, Memorandum (Operational Report for Quarterly Period Ending 31 January 1967 (Unclassified), 15 February 1967, with attachments – * Headquarters, 2d Logistical Command, Memorandum (Operational Report for Quarterly Period Ending 31 January 1967 (Unclassified), 1st Endorsement, 24 March 1967 * Headquarters, 2d Logistical Command, Memorandum (Operational Report – Lessons Learned for the Period Ending 31 January 1967, Headquarters, 2nd Logistical Command), 26 April 1967 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 turned 75 years old in June 2022 and would like his DD Form 214 to reflect his correct service before he passes. He further states: a. He has been told since 2001 that he did not serve in Vietnam, that his military records were partially destroyed in a fire, and that his pay voucher records did not exist because they were too old. In 2001, he did not have the Internet, but with time, he began using the Internet to find parts of his military records. His military pay vouchers were finally found after two requests, which show he was paid 3 months of hostile fire pay in 1966 and 1967. He is a Vietnam veteran and would like to finally be proud to prove it. b. He was stationed in Okinawa from 1966-1968 with the 414th Transportation Detachment, 2nd Logistical Command, on U.S. Army Tugboat LT-529. They made trips to Vietnam and back towing barges and equipment. They were in ports of V?ng Tàu, Cam Ranh Bay, and Qui Nhon where they would go ashore to unload and load equipment. They would occasionally tow equipment to and from ports in Vietnam. 3. Headquarters, 2nd Logistical Command, Special Orders 270, 3 November 1966, reassigned him to the 414th Transportation Detachment (Tugboat) as a marine engineer. 4. The Headquarters, 2nd Logistical Command, memorandum (Letter of Appreciation), 9 January 1967, expressed gratitude to the captain and crew of Tugboat LT 529 and the Air Sea Rescue Service for all assistance and cooperation extended to them. The applicant was identified as a recipient. 5. The Headquarters, 2nd Logistical Command, memorandum (Operational Report for Quarterly Period Ending 31 January 1967 (Unclassified), 15 February 1967, shows the 2nd Logistical Commanding, providing logistical support to Southeast Asia, Ryukyu Islands, and other areas in the Western Pacific, operating 7 days per week, conducted operations for the full 92 days of the reporting period. The memorandum further states: a. They conducted scheduled roll-on/roll-off services between Okinawa and Saigon, Cam Ranh Bay, and Qui Nhon during this period, which indicated the effectiveness and responsiveness of scheduled sealift to specific ports using roll-on/roll-off transportation methods. b. In order to provide the most economical and efficient utilization of calibration personnel, fixed laboratory and equipment resources, the headquarters obtained Department of the Army authority for U.S. Army Ryukyus Islands to approve temporary duty in excess of 180 days during the overseas tour, expect for continuous temporary duty in one location, for personnel assigned to the U.S. Army Pacific Calibration Center located in Okinawa. 6. Headquarters, 2nd Logistical Command, Special Orders 87, 5 April 1968, reassigned him to Fort Eustis, VA, effective 28 April 1968. 7. His DA Forms 2139 and DA Forms 2349 show he received foreign duty pay from 1 November 1966 through 17 April 1968. 8. Item 31 (Foreign Service) of his DA Form 20 shows he received overseas tour credit for the following locations: * U.S. Army Pacific – Korea from 5 June 1965 through 4 July 1966 * U.S. Army Pacific – Okinawa from 29 October 1966 through 16 April 1968 * U.S. Army Alaska from 1 May 1970 through February 1972 9. He was honorably discharged on 12 October 1971. His DD Form 214 shows in: * item 22c (Foreign and/or Sea Service) – 3 years, 3 months, and 10 days * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – no awards for Vietnam service * item 30 (Remarks) – no entries for Vietnam service BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined there was sufficient evidence based on regulatory guidance Army Regulation (AR) 614-30 (U.S. Army Replacement System Overseas Service) authorized overseas service credit in para 1-5d (Oversea Service Credit, General). Personnel who serve overseas for at least 45 consecutive days, but for an insufficient amount of time to receive credit for a completed oversea service tour, will be credited for such duty, regardless of whether it was served on a PCS basis or on a TDY basis. The Board agreed the applicant provided sufficient evidence to support his time for the period of March/April 1967, the latter meeting the 45-day consecutive day requirement for service credit. 2. Additionally, the Board determined as a matter of equity, the applicant should be credited for the period of 1 to 30 November 1966. Furthermore, the Board determined based on regulatory guidance, the applicant met the criteria for award of the Vietnam Service Medal. Therefore, the Board granted relief. ? 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 showing in * item 24 (Statement of Service) 24c (Foreign and/or Sea Service): 45 days * item 26 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): Vietnam Service Medal * item 32 (Remarks) SERVICE in Republic of Vietnam from March/April 1967 and 1 to 30 November 1966 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. REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-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 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States serving in Vietnam and its contiguous waters or airspace thereover 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. a. To qualify for award of the Vietnam Service Medal an individual must meet one of the following qualifications: * be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations * be attached to or regularly serve for 1 or more days aboard a U.S. naval vessel directly supporting military operations * participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations * serve on temporary duty for 30 consecutive or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations b. Vietnam and contiguous waters, as used herein, is defined as an area which includes Vietnam and the water adjacent thereto within the following specified limits: from a point on the East Coast of Vietnam at the juncture of Vietnam with China southeastward to 21 degrees north latitude, 108 degrees, 15 minutes longitude; then southward to 18 degrees, north latitude, 108 degrees, 15 minutes east longitude; then southeastward to 17 degrees, 30 minutes north latitude, 111 degrees east longitude; then southward to 11 degrees north latitude, 111 degrees east longitude; then southwestward to 7 degrees north latitude, 105 degrees east longitude; then westward to 7 degrees north latitude, 103 degrees east longitude; then northward to 9 degrees, 30 minutes north latitude, 103 degrees east longitude; then northeastward to 10 degrees, 15 minutes north latitude, 104 degrees, 27 minutes east longitude; then northward to a point on the West Coast of Vietnam at the juncture of Vietnam with Cambodia. 3. Army Regulation 635-5 (Separation Documents), 1 February 1967, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active-duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214, including the DA Form 20 and orders. b. The specific instructions for enlisted personnel for item 30 stated to enter inclusive dates of service in Vietnam during the current period of service. 4. Army Regulation 614-30 ((U.S. Army Replacement System Overseas Service) Paragraph 1-5d 5d (Oversea Service Credit, General): Prescribes personnel who serve overseas for at least 45 consecutive days, but for an insufficient amount of time to receive credit for a completed oversea service tour, will be credited for such duty, regardless of whether it was served on a PCS basis or on a TDY basis.” //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009890 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1