IN THE CASE OF:	  

		BOARD DATE:	        07 OCTOBER 2008

		DOCKET NUMBER:  AR20080008612 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all of the awards and decorations that he is entitled to and his service in Vietnam. 

2.  The applicant essentially believes that it was an oversight that his awards and decorations were not listed on his DD Form 214.  He also states that he served in Vietnam from 1964 to 1965, but that his DD Form 214 does not reflect this. 

3.  The applicant provides his DD Form 214 and a letter, dated 8 May 2008, from the American Legion in support of this 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 military records show that he was inducted into the Army of the United States on 4 December 1963.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 684 (Rotor and Propeller Repairman), which was later converted into MOS 68E.  He departed for the Republic of Vietnam on 8 June 1964, and served with the 573rd Transportation Detachment.  He returned to the continental United States on 
3 June 1965, and served at Fort Bragg, North Carolina until he was honorably released from active duty on 3 December 1965.  The DD Form 214 that was issued to him at the time of his release from active duty does not show that he was awarded any awards and decorations.

3.  The applicant's DD Form 214 does not show that he was awarded the Good Conduct Medal.  However, he was awarded the Good Conduct Medal by Headquarters, 36th Transportation Battalion (Truck), Fort Bragg, North Carolina General Orders Number 31, dated 29 November 1965.

4.  The applicant served on active duty from 4 December 1963 to 3 December 1965; however, his DD Form 214 does not show that he was awarded the National Defense Service Medal.

5.  The applicant served in Vietnam from 8 June 1964 to 3 June 1965.  However, the applicant's DD Form 214 does not show that he was awarded the Vietnam Service Medal.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  This regulation states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his tour in Vietnam, the applicant was credited with participating in the Vietnam Advisory Campaign and the Vietnam Defense Campaign.

6.  The applicant's DD Form 214 does not show that he was awarded the Republic of Vietnam Campaign Medal.  However, he served in Vietnam from 
8 June 1964 to 3 June 1965.

7.  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 that at the time of the applicant’s assignment to the 573rd Transportation Detachment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 46, dated 1968.


8.  The applicant's DD Form 214 does not show that he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  However, he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar by Headquarters, 4th Training Brigade, United States Army Training Center (Armor), Fort Knox, Kentucky Special Orders Number 19, dated 4 February 1964.

9.  A search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to produce any award orders for the applicant.

10.  Item 32 (Remarks) of the applicant's DD Form 214 does not contain an entry which shows that he served in Vietnam.  However, the applicant served in Vietnam from 8 June 1964 to 3 June 1965.

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.

12.  Army Regulation 600-8-22 also 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.

13.  Additionally, Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of 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. 

14.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The edition of this regulation that was in effect at the time of the applicant’s release from active duty provided that Item 32 (Remarks) of the DD Form 214 would be used to complete entries that were too 

long for their respective blocks.  It also provided specific entries that were to be entered in that block as well.  None of those entries were related to an individual’s service in a combat theater.  However, an edition of Army Regulation 635-5 which superseded the edition in effect at the time of the applicant’s release from active duty provided that an entry would be entered in the remarks section of the DD Form 214 to indicate inclusive dates of service in Vietnam.  Entries of this nature have remained in effect for all subsequent changes of that regulation to account for service in such areas as Soldiers may be required to serve that involve conflict with other nations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of the awards and decorations that he is entitled to and his service in Vietnam. 

2.  General orders awarded the applicant the Good Conduct Medal, but it is not listed on his DD Form 214.  Therefore, it would be appropriate at this time to correct his military records to show the award of the Good Conduct Medal.

3.   The applicant served on active duty from 4 December 1963 to 3 December 1965.  Therefore, he is entitled to award of the National Defense Service Medal, and correction of his military records to show the award of the National Defense Service Medal.

4.  The applicant served in Vietnam during a qualifying period for award of the Vietnam, and participated in two campaigns during his tour in Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with Two Bronze Service Stars, and correction of his military records to show the award of the Vietnam Service Medal with Two Bronze Service Stars.

5.  The applicant served more than 6 months in Vietnam during a qualifying period for award of the Republic of Vietnam Campaign Medal.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal, and correction of his military records to show the award of the Republic of Vietnam Campaign Medal.

6.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 573rd Transportation Detachment while the applicant was 



assigned to this unit.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show this unit award.

7.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  As the applicant served in Vietnam from 8 June 1964 to 3 June 1965, and subsequent editions of Army Regulation 635-5 required that an entry be made on the DD Form 214 to account for service in conflict areas, it would be appropriate at this time to correct item 32 of his DD Form 214 by adding the statement "SERVICE IN VIETNAM 19640608 – 19650603."

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing the award of the Good Conduct Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar;

	b.  awarding him the National Defense Service Medal, the Vietnam Service Medal with Two Bronze Service Stars, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.  amending item 32 of his DD Form 214 by adding the statement "SERVICE IN VIETNAM 19640608 – 19650603."

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080008612



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ABCMR Record of Proceedings (cont)                                         AR20080008612



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