DOCKET NUMBER:  AR20080015477 


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 Item 18.f. (Record of Service - Foreign and/or Sea Service this Period), Item 19 (Indochina or Korea Service Since August 5, 1964), and Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Report of Separation from Active Duty), be corrected.

2.  The applicant states, in effect, that Item 18.f. is incorrect and should read:  6 months and 19 days; Item 19 is incorrect and the block indicating "Yes" should be checked off; and Item 26 should list the Republic of Vietnam Campaign Medal and the Vietnam Service Medal.

3.  In support of his request, the applicant submits a copy of his DD Form 214, a copy of General Orders Number 338, published by Headquarters 1st Aviation Brigade on 25 January 1973 by which he was awarded the Army Commendation Medal, a copy of Special Orders Number 137, published by Headquarters, Fort Carson and Headquarters, 4th Infantry Division (Mechanized) on 16 May 1972 by which he was reassigned to the US Army Overseas Replacement Station, Oakland Army Base, Oakland, California, for further assignment to Vietnam, a copy of Special Orders Number 183, published by Headquarters, US Army Vietnam (USARV) Transient Detachment on 1 July 1972, which assigned the applicant to Headquarters and Headquarters Company,1st Airmobile Battalion, a copy of Permissive Travel Orders for Out-of-country Travel, prepared by the 518th Adjutant General Personnel Service Company on 4 January 1973 which authorized the applicant to travel to Hawaii and to the Continental United States for Rest and Recreation (R and R), and a photocopy of a USARV Form 690 (Installation Identification Card) and a MACV (Military Assistance Command - Vietnam) Ration Control Plate with an expiration Date of July 1973.

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 record shows he enlisted in the Regular Army on 17 June 1971.  He completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS), 67N (UH-1 Helicopter Repairman).

3.  The applicant was reassigned to the US Army Overseas Replacement Station, Oakland Army Base, Oakland, California, for further assignment to Vietnam by Special Orders Number 137, published by Headquarters, Fort Carson and Headquarters, 4th Infantry Division (Mechanized) on 16 May 1972.  The applicant's reporting date to the Oakland Army base was established for 28 June 1972.

4.  On his arrival in Vietnam, the applicant was assigned to Headquarters and Headquarters Company,1st Airmobile Battalion (sic: Aviation Brigade) by Special Orders Number 183, published by Headquarters, USARV Transient Detachment on 1 July 1972.

5.  The applicant submitted a copy of Permissive Travel Orders for Out-of-country Travel, prepared by the 518th Adjutant General Personnel Service Company on 4 January 1973 which authorized the applicant to travel to Hawaii and to the Continental United States for R and R (Leave).  The applicant's authorized period of R and R (Leave) was from 19 January through 1 February 1973.

6.  The applicant served in Vietnam from 30 June 1972 through 18 January 1973, with H Troop (Air) 17th Air Cavalry Squadron, 1st Aviation Brigade.

7.  A DA Form 2166-4 (Enlisted Efficiency Report) in the applicant's service record shows he was evaluated for the period February through August 1973 while he was assigned to Headquarters and Headquarters Battery, 19th Air Defense Artillery Group, Aviation Section, in the duty position of helicopter repairman, while assigned to Fort MacArthur, California

8.  The applicant was honorably released from active duty, on 14 June 1974, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), at the expiration of his term of service.  He was separated in the rank/pay grade, Specialist Four, E-4.  On the date he was released from active duty, he had completed 2 years, 11 months, and 28 days active military service, with no time lost.

9.  Item 18.f. of the applicant's DD Form 214 shows he had 0 years, 0 months, and 0 days foreign and/or sea service.

10.  Item 19 of the applicant's DD Form 214 shows he was not given credit for having been assigned for duty in Indochina or Korea.

11.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded:  the National Defense Service Medal; the Army Commendation Medal and the Good Conduct Medal.  The Vietnam Service Medal and the Republic of Vietnam Campaign Medal are not shown on the applicant's DD Form 214.

12.  The applicant was awarded the Army Commendation Medal, for meritorious service in connection with military operations against a hostile force, on 27 June 1972, by General Orders Number 338, published by Headquarters, 1st Aviation Brigade on 25 January 1973.  While this award is already shown on the applicant's DD Form 214, the value of this order is to show the unit the applicant was assigned to while he served in Vietnam.

13.  The evidence shows the applicant served in Vietnam for the period 30 June 1972 through 18 January 1973.  His DD Form 214 does not show his entitlement to the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Campaign Medal.

14.  Item 18.f. Shows the applicant had no overseas service in Vietnam or elsewhere; however, from the evidence it appears the total of his service in Vietnam was 6 months and 19 days.

15.  While in Vietnam, the applicant participated in one campaign of the Vietnam War:  the Vietnam Cease-Fire, which extended from 30 March 1972 through 28 January 1973. 

16.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit, a subordinate unit of the USARV, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.  This unit award is also not shown on the applicant's DD Form 214.

17.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

18.  Army Regulation 600-8-22 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.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal 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 service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its 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 wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

20.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

21.  Army Regulation 635-5 (Personnel Separations - Separation Documents), Change 11, in effect on the date of the applicant's release from active duty, required that the inclusive dates of an individual's service in Vietnam be entered in the Remarks section of the DD Form 214. 

22.  Interim Change 15 to Army Regulation 635-5 required that service in Indochina or Korea on or after 5 August 1964 be indicated by checking off the appropriate response in Item 19 and by entering the inclusive dates of service in Vietnam or Korea in Item 27 (Remarks) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

The evidence shows the applicant served in Vietnam from 30 June 1972 through 18 January 1973.  Based on this service, the applicant in entitled to a correction of his DD Form 214 as follows:

	a.  correct Item 18.f. to shows the applicant served 0 years, 6 months, and 19 days in Vietnam;

	b.  correct Item 19 to show the applicant did perform service in Vietnam on or after 5 August 1964;

	c.  correct Item 26 to show the applicant's entitlement to award of the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal, and his authorization to have the Republic of Vietnam Gallantry Cross with Palm Unit Citation added to his DD Form 214; and

	d.  correct Item 27 to show the applicant's inclusive period of his service in Vietnam in accordance with regulatory guidance in effect at the time of his release from active duty as follows:  "Vietnam -- 30 Jun 72 - 18 Jan 73."

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.  correcting Item 18.f. to shows the applicant served 0 years, 6 months, and 19 days in Vietnam;

	b.  correcting Item 19 to show the applicant did perform service in Vietnam on or after 5 August 1964;

	c.  awarding the applicant the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Campaign Medal and adding these awards to his DD Form 214;

   d.  adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant's DD Form 214; and 

	e.  correcting Item 27 to show the applicant's inclusive period of his service in Vietnam as follows:  "Vietnam -- 30 Jun 72 - 18 Jan 73."




      _______ _  x _______   ___
               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)                                         AR20080015477





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080015477



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1