IN THE CASE OF:	.

		BOARD DATE:	      11 AUGUST 2009

		DOCKET NUMBER:  AR20090003970 


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 separation document (DD Form 214) be corrected to reflect his service in the Republic of Vietnam (RVN).

2.  The applicant states, in effect, that his separation document does not specifically show that his foreign service was served in the RVN.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Honorable Discharge Certificate in support of his 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 he was inducted into the Army of the United States and entered active duty on 27 November 1963.  He completed basic combat training and advanced individual training (AIT) at Fort Leonard Wood, Missouri.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 760.00 (Unit Supply Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows, in Item 31 (Foreign Service), that he served in the RVN from 17 August through 
28 November 1965.  Item 38 (Record of Assignments) shows that during this tour in the RVN, he was assigned to the 629th Ordnance Company, performing duties in MOS 76D as an ordnance supply specialist.  

4.  On 29 November 1965, the applicant was honorably released from active duty (REFRAD), by reason of expiration of term of service (ETS), after completing a total of 2 years and 3 days of active military service.  Item 24c (Foreign and/or Sea Service) of the DD Form 214 he was issued at the time contains the entry “USARPAC 0 3 11," which indicates he completed 3 months and 11 days of overseas service in the United States Army Pacific (USARPAC).

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he earned the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar during his active duty tenure.  

6.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  Section III of the version of the regulation in effect at the time of the applicant's REFRAD stated to enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which overseas service was performed in Item 24c.  

7.  A Department of the Army Message, dated 15 December 1971, contained an Interim Change to Army Regulation 635-5 that provided for an entry in the Remarks section of the DD Form 214 to document a member's RVN service. 

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on the award of the Vietnam Service Medal (VSM).  It states, in pertinent part, that it 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.
9.  Paragraph 2-13 of the awards regulation also states that a bronze service star is authorized the VSM for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in Vietnam Defense campaign.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit citation badges awarded during the Vietnam Conflict.  It confirms during the applicant’s tenure of assignment in the RVN, his unit (629th Ordnance Company) earned the Meritorious Unit Commendation (MUC) and RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his separation document should be corrected to reflect his RVN service has been carefully considered.  Although there were no regulatory provisions for entering RVN service on the DD Form 214 in the version of the separation documents regulation in effect at the time of the applicant's REFRAD, later changes to this regulation provided for documenting RVN service on the DD Form 214.  As a result, it would be appropriate and serve the interest of equity to provide the requested relief based on these subsequent regulatory changes.   

2.  The applicant's DA Form 20 confirms he completed 3 months and 11 days of service in the RVN from 17 August to 28 November 1965, and item 24c of his
DD Form 214 confirms he completed this service in the USARPAC; however, his DD Form 214 does not specifically document his RVN service.  As a result, it would be appropriate and serve the interest of equity to add the entry “Service in Vietnam from 17 August to 28 November 1965" in Item 32 (Remarks) of his 
DD Form 214.  

3.  Further, although the applicant's request did not specifically include RVN awards, given it does request confirming of his RVN service it would also be appropriate to add the following awards he is eligible for based on his RVN service and campaign participation to item 26 of his DD Form 214:  Vietnam Service Medal with 1 bronze service star, RVN Gallantry Cross with Palm Unit Citation and MUC. 


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 amending his DD Form 214 by adding the entry "Service in Vietnam from 
17 August - 28 November 1965" to item 32 and adding the Vietnam Service Medal with 1 bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Meritorious Unit Commendation to item 26; and by providing him a correction to his DD Form 214 that reflects these changes.




      _______ _   _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)                                         AR20090003970



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090003970



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1