RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20080000882 


	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, in effect, correction of his DD Form 24 (Report of Transfer or Discharge) for the period ending 26 March 1966 to show awards and decorations for his service in Vietnam. 

2.  The applicant states that there are no awards shown on this DD Form 214 for his service in Vietnam.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
26 March 1966.

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.  Having prior active and inactive service, the applicant enlisted in the Regular Army on 31 March 1960 for a period of 3 years.  On 30 March 1963, he was honorably discharged for immediate reenlistment.  He reenlisted on 31 March 1963 for a period of 3 years.  On 26 March 1966, he was honorably discharged.  

3.  Item 24b (Total Active Service) on the applicant’s DD Form 214 for the period ending 26 March 1966 shows the entry, “USARPAC” [U.S. Army Pacific] and that he served 6 years, 6 months, and 29 days of total active service.  Item 24c (Foreign and/or Sea Service) on this DD Form 214 shows he served 7 months and 8 days of foreign service.

4.  The applicant’s service record does not show any service in Vietnam.  Item 
33 (Record of Assignments) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show any assignments in Vietnam.  However, item 29 (Foreign Service) on his DA Form 20 shows he served in Vietnam from 17 August 1965 through 13 March 1966. 
5.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

6.  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.

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.  

10.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 24c.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.




DISCUSSION AND CONCLUSIONS:

1.  Since the governing regulation states that the last overseas theater in which the service was performed would be entered in item 24c on the DD Form 214, it appears the entry, “USARPAC” in item 24b on the applicant’s DD Form 214 for the period ending 26 March 1966 is incorrect and should have been entered in item 24c on this DD Form 214.    

2.  The entries on the applicant’s DD Form 214 for the period ending 26 March 1966 and DA Form 20 which show he served in Vietnam and USARPAC are accepted as sufficient evidence on which to base award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).

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

4.  The applicant served a period of qualifying service for award of the National Defense Service Medal.

BOARD VOTE:

XX_____  __XX____  __XX ___  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 adding the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry 






Cross with Palm Unit Citation, and the National Defense Service Medal to his DD Form 214 for the period ending 26 March 1966.



      ___            XX _______
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080000882


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