IN THE CASE OF:
BOARD DATE: 9 December 2008
DOCKET NUMBER: AR20080013753
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 that his reissued DD Form 214 (Report of Separation from Active Duty) be amended to show his Vietnam service.
2. The applicant states that he never received a DD Form 214 until June 2008 so he was never aware his Vietnam service was not on it.
3. The applicant provides a copy of his reissued 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army on 3 September 1968.
3. Item 38 of the applicant's DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam and was assigned to Company B, 2d Battalion (Airmobile), 501st Infantry, on 11 March 1969.
4. On or about 29 May 1969, the applicant was medically evacuated from Vietnam for an unknown reason after being credited with participation in one campaign.
5. On 27 July 1971, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10. His original DD Form 214 and item 18f (Foreign and/or Sea Service This Period) of his reissued DD Form 214 do not show he served any foreign service. Neither his original nor his reissued DD Form 214 show he was awarded any medals for service in Vietnam. It appears the applicant signed the original DD Form 214.
6. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The version in effect at the time the applicant's DD Form 214 was reissued stated that the total period of foreign service and the last overseas theater in which service was performed would be entered in item 18f.
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. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that the applicant served in Vietnam for
2 months and 19 days. Item 18f of his reissued DD Form 214 should therefore be corrected to show he served 2 months and 19 days of foreign service in the U. S. Army Pacific Command (USARPAC).
2. Because he served in Vietnam, the applicant is eligible for award of the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Adding these awards to his reissued DD Form 214 will serve as additional confirmation that he served in Vietnam.
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 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. amending item 18f of his reissued DD Form 214 to show he served 2 months and 19 days of foreign service in USARPAC; and
b. adding the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his reissued DD Form 214.
_______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) AR20080013753
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ABCMR Record of Proceedings (cont) AR20080013753
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