RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 December 2007
	DOCKET NUMBER:  AR20070011051 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. John G. Heck

Member

Mr. Qawiy A. Sabree

Member

	The Board considered the following evidence:

	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 correction of his records to show award of the Vietnam Service Medal and the Vietnam Campaign Medal.

2.  The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect those awards.  He also states that his DA Form 20 (Enlisted Qualification Record) incorrectly shows that he served in the Republic of Vietnam during the period 16 August 1965 through 6 January 1965 instead of 6 January 1966.

3.  The applicant provides a copy of his DD Form 214; a copy of his DA Form 20; and a copy of his DA Form 24 (Service Records) in support of his application.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he was inducted into the Army of the United States on 19 February 1964.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank the applicant attained during his military service was specialist four/E-4.  He was honorably discharged and transferred to the U.S. Army Control Group (Reinforcement) on 7 January 1966.

3.  Section 2 (Chronological Record of Military Service) of the applicant's DA Form 24 shows that that after completing advanced individual training, the applicant was assigned to Company B, 2nd Battalion, 22nd Infantry, Fort Lewis, Washington, from 11 May 1964 to 30 June 1965.  He was further assigned to Company C, 1st Battalion, 7th Cavalry, 1st Cavalry Division, Fort Benning, Georgia, from 17 July 1965 to 16 August 1965.  On 17 August 1965, he departed Fort Benning, Georgia, with his unit, and arrived in the Republic of Vietnam on 17 September 1965.  He departed the Republic of Vietnam on 8 November 1965 and arrived at Tripler Army General Hospital, Hawaii, on 9 November 1965.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 does not show award of the Vietnam Service Medal or the Vietnam Campaign Medal.

5.  Item 24c ( Statement of Service, Foreign and/or Sea Service) of the applicant's DD Form 214 shows the entry "USARPAC 0 4 21", indicating the applicant served 4 months and 21 days in the U.S. Army Pacific Command theater of operation (which included Hawaii, the Republic of Vietnam. Korea, Japan, and several other countries).

6.  The applicant's records contain an Endorsement, dated 20 July 1966, originated at the U.S. Army Administration Center, St. Louis, Missouri, and addressed to the Commanding General, Finance Center, U.S. Army, Fort Benjamin Harrison, Indiana, responding to a request for information.  The endorsement contains the following entry:  "The official military personnel records show the [Applicant] arrived in the Republic of Vietnam on 17 September 1965 and departed on 8 November 1965. "

7.  There is no indication in the applicant's records that he was injured or wounded in action while in the Republic of Vietnam, or that he was medically evacuated as a result of an injury.  However, the applicant's Standard Form 88 (Report of Medical Examination), dated 9 December 1965, and submitted at Tripler Army General Hospital, shows the entry "Malaria, 28 October 1965."

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.
9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Defense Campaign (8 March 1965 to 24 December 1965) during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant served in the Republic of Vietnam during the period 17 September 1965 to 8 November 1965.  There is no evidence that his service included assignment in the Republic of Vietnam for six months or more, or that he was evacuated prior to completing six months of service due to wounds resulting from hostile action.  Therefore, he is not entitled to award of the Vietnam Campaign Medal.

2.  Evidence of record shows that the applicant was assigned to an organization participating in or directly supporting military operations in the Republic of Vietnam between 3 July 1965 and 28 March 1973.  Therefore, he is entitled to award of the Vietnam Service Medal and correction of his records to show this award.  Additionally, records show the applicant participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one bronze service star to be affixed to his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jcr___  __jgh___  __qas___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 adding to the list of awards identified on his DD Form 214, dated 7 January 1966, award of the Vietnam Service Medal with a bronze service star.

2.  The Board further determined that 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 award of the Vietnam Campaign Medal.



							Jeffrey C. Redmann
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011051
SUFFIX

RECON

DATE BOARDED
20071213
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.