RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 February 2007
	DOCKET NUMBER:  AR20060006387 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


x
	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his service in the Republic of Vietnam (RVN) be added to his Separation Document (DD Form 214).

2.  The applicant states, in effect, that he has been trying, since 1986, to have his records corrected to show his tour of duty in the RVN from February 1962 through July 28, 1962.  He requests that all of his overseas assignments be listed on his DD Form 214.  

3.  The applicant provides the following documents in support of his application:  Self-Authored Statement; Third-Party Statement; St. John's Clinic Internal Medicine Letter, dated 16 June 2005; United States Armed Service Center for Research of Unit Records Letter, dated 17 August 1999; Statement in Support of Claim (VA Form 21-4138); and Morning Reports.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC98-05942 on 
29 April 1998.

2.  The applicant's records shows he enlisted into the Regular Army and entered active duty on 15 January 1957.  He was trained in and awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver), and the highest rank he attained while serving on active duty was specialist four (SP4).  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows, in 
Item 31 (Foreign Service), that he served in the United States Army Pacific (USARPAC), in Okinawa, Japan, during the period 21 July 1960 through 
20 November 1962.  Item 38 (Record of Assignments) shows that during his tour in Okinawa, he was assigned to the 5th Transportation Battalion.  Item 41 (Awards and Decorations) shows that during his active duty tenure, he earned the Driver's Badge with Bar and the Army Good Conduct Medal.  

4.  The applicant's record includes Morning Reports that show on 10 February 1962, he was initially sent to Saigon, RVN in a temporary duty (TDY) status for a period of 5 days.  The Morning Reports also show that his TDY tour in the RVN was extended and that he served in the RVN for 4 months and 17 days, from 
10 February through 27 June 1962.


5.  On 29 December 1965, the applicant was honorably separated.  The 
DD Form 214 he was issued at the time shows, Item 24c (Foreign and/or Sea Service), that he completed 2 years and 4 months of overseas service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the Expert Marksmanship Qualification Badge with Carbine Bar, Army Good Conduct Medal, Driver's Badge with Bar, Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar during his active duty tenure.  Item 32 (Remarks) is void of an entry regarding his RVN service.

6.  The applicant provides a third-party statement from another Soldier who was also assigned to the 5th Transportation Battalion.  He states that he and the applicant were among a group of Soldiers who received TDY orders to Saigon, RVN that initially were for 5 days.  He further states that after they arrived in the RVN, they received orders changing their TDY period from 5 days to an indefinite period.  He indicates his tour of duty was completed in June 1962 and he departed the RVN and that when he left Saigon, the applicant was still there. 

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions for Item 24c in effect at the time the applicant served stated that the amount of foreign service completed during the period covered by the separation document would be entered.  Although the instructions for Item 32 (Remarks) in effect at the time of the applicant's separation did not provide for entering the RVN, instructions were later published requiring RVN to be documented on the 
DD Form 214.  The current version of the regulation also requires the documentation of the deployed service of active duty Soldiers with an entry in the Remarks block of the DD Form 214.  

8.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  Paragraph 2-13d specifically provides that individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive).  


9.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel who served in the RVN between 8 February 1962 and 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his separation document should reflect his service in the RVN was carefully considered and found to have merit.  The evidence of record confirms he served in the RVN in a TDY status from 
10 February 1962 through 27 June 1962.  As a result, given regulatory guidance published subsequent to his separation during the Vietnam era and current regulation guidance, it would be appropriate to document this deployed RVN service with an entry in Item 32 of his DD Form 214.  

2.  The evidence of record confirms the applicant completed 2 years and 
4 months of overseas service in the USARPAC, which includes Okinawa and the RVN.  Therefore, all his foreign service is properly accounted for in Item 24c and no further correction of this item is required.  

3.  The evidence of record further shows that based on his service and campaign participation in the RVN, the applicant is also entitled to the Armed Forces Expeditionary Medal and RVN Gallantry Cross with Palm Unit Citation. Therefore, it would also be appropriate to add these awards to his record and separation document at this time.  

BOARD VOTE:

___x _  __x__  __x_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AC98-05942, dated 
29 April 1998.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 
29 December 1962 DD Form 214 by:

	a.  adding the Armed Forces Expeditionary Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Item 26;

	b.  adding the entry "SERVICE IN VIETNAM FROM 10 FEBRUARY 1962 THROUGH 27 JUNE 1962" to Item 32; and 

	c.  providing him a correction to his separation document that includes these changes.




_____x____
          CHAIRPERSON




INDEX

CASE ID
AR20060006387
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/02/08
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1965/12/29
DISCHARGE AUTHORITY
AR635-200 . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Chun 
ISSUES         1.
110
2.

3.

4.

5.

6.