RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070017532 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 that item 22c (Foreign and/or Sea Service) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show his service in Vietnam; and that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 be corrected to show the Vietnam Service Medal.

2.  The applicant states, in effect, that the information on his DD Form 214 is incorrect. 

3.  The applicant provides a copy of his DD Form 214.

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 enlisted on 1 January 1969 for a period of 2 years.  Orders show the applicant arrived in Vietnam on 15 November 1969.  He served as an electrician assigned to Headquarters and Headquarters Company, 35th Engineer Group in Vietnam from 20 November 1969 through 11 December 1969.  He was assigned to Headquarters and Headquarters Company, 577th Engineer Battalion in Vietnam from 18 December 1969 through 20 November 1970.  The applicant’s Installation Clearance Record shows he departed Vietnam on 22 November 1970.  On 27 November 1970, the applicant was released from active duty.     

3.  Item 22c on the applicant’s DD Form 214 shows the entry, “USARPAC NVAL [Not Available].”  Item 24 on his DD Form 214 shows the National Defense Service Medal as an authorized award.  His DD Form 214 also shows that he was separated from the service with temporary records and a Soldier’s affidavit.

4.  Records show the applicant participated in three campaigns during his assignment in Vietnam.
5.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.
 
6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 6, dated 1974. 

7.  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.

8.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  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.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant arrived in Vietnam on 15 November 1969 and he departed on 22 November 1970 (a total of 1 year and 7 days).  Therefore, item 22c on his DD Form 214 should be corrected to show his service in Vietnam.   

2.  Based on the applicant’s service in Vietnam and participation in three campaigns, he is authorized award of the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960). 
3.  The applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. 

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

BOARD VOTE:

PM_____  __JH____  __KJ____  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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry, ‘NVAL’ in item 22c on his DD Form 214;

	b.  adding the entry, “1 0 7” in item 22c; and

	c.  adding the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 on his DD Form 214. 



              __PM        _____
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070017532


4


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508