Docket No. 6559-18  
Ref: Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref: (a) 10 U.S.C. § 1552 
Encl:(1) DD Form 149 of 27 Jun 18 
     (2) History of Assignment 
     (3)  ltr 0l: AEB: kn 1326 Ser: 302 of 29 Sep 67 
     (4) DD Form 214 of 4 Oct 67 
     (5) VA Form 21-4138 of 27 Jun 18 
     (6) OCNO memo 7220 Ser N130C4/19U1062 of 4 Sep 19 


1.  Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting Hostile Fire Pay for the month of October 1967.  

2.  The Board reviewed Petitioner’s allegations of error and injustice on 25 October 2019 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies. 

3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: 

a.  Before applying to this Board, the Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. 

b.  Petitioner was assigned to the on 23 December 1966.  

See enclosure (2).    

d.  Petitioner detached from the on 1 October 1967.  See enclosure (2). 

e.  Petitioner was assigned to , on 2 October 1967.  See enclosure (2). 

f.  Petitioner was honorably discharged on 4 October 1967 from Naval Station, .  See enclosures (2) and (4). 

g.  1967 as a result of being assigned to the departure from country on 2 October 1967.  See enclosures (1) and (5). 

h.  On 4 September 2019, the Office of the Chief Naval Operations (OPNAV N130) provided an unfavorable advisory opinion regarding Petitioner’s request.  OPNAV N130 recommended disapproval of the requested relief because there is no supporting documentation to verify Petitioner’s presence in South Vietnam from 29 September 1967 through 2 October 1967.  See enclosure (6). 

CONCLUSION 

Upon review and consideration of all the evidence of record, and notwithstanding the opinion expressed in enclosure (6), the Board finds the existence of errors and injustices, and unanimously concluded that Petitioner’s request warrants corrective action. In accordance with the Department of Defense Military Pay and Allowance Entitlement Manual, a Service member permanently assigned to a ship serving in a designated Hostile Fire Pay area was authorized Hostile Fire Pay from the first day of the month in which member arrives in the area through the last day of the month in which is transferred and permanently departs from the area. A review of in Vietnam. See Naval History and Heritage Command, LST-515, https://www.history.navy.mil/ research/histories/ship-histories/danfs/l/lst-515.html; (LST-515), https://www.navsource.org/archives/10/16/160515.htm.  Accordingly, Petitioner met the eligibility criteria for Hostile Fire Pay for the month of October 1967. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner was entitled to receive Hostile Fire “Combat” Payfor the month of October 1967.  Note:  The Defense Finance and Accounting Services will conduct an audit of Petitioner’s pay record to determine payment amount.  

4.  Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), it is certified that a quorum was 
present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 

5.  The foregoing action of the Board is submitted for your review and action.