IN THE CASE OF:	  

		BOARD DATE:	  16 June 2009

		DOCKET NUMBER:  AR20090004399 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his service in Vietnam and awards he earned for his service while in Vietnam.

2.  The applicant states, in effect, that his service time and medals awarded while assigned to the 221st Signal Company (Pictorial) in Vietnam are not shown on his DD Form 214.

3.  The applicant provides a DD Form 214 and a document about the history of the 221st Signal Company (Pictorial) 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 enlisted in the Regular Army on 7 March 1966 and upon completion of basic combat and advanced individual training was awarded military occupational specialty 41J (Office Machine Repairer).  He was honorably released from active duty on 26 November 1968.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he departed the Continental United States on 
5 December 1967 en route to Vietnam.  Item 38 of his DA Form 20 shows he was assigned to the "221st Signal Company (Pic)" on 26 December 1967.  Item 38 of this form also shows he departed Vietnam on 24 November 1968.

4.  Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows the entry "0 11 22."

5.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal and the Good Conduct Medal as authorized awards.

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.  At the time, the regulation required the last overseas theater to be entered in item 22c.  The regulation did not require Vietnam service dates to be entered on the form.

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 for the period from 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.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in five campaigns:  Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI.  



This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is worn instead of five bronze service stars.

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.  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.  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 to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

10.  Department of the Army General Orders Number 8, dated 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.

11.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

12.  Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 123, dated 3 May 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle).

13.  Headquarters, U.S. Army Electronics Support Command Troops, Fort Monmouth, NJ, Special Orders Number 93, dated 12 August 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar.

14.  Headquarters, U.S. Army Electronics Support Command Troops, Fort Monmouth, NJ, Special Orders Number 88, dated 17 August 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16 Rifle).




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam for 11 months and 22 days but the theater where he performed his foreign service is not identified on his DD Form 214.  Therefore, item 22c of the applicant's DD Form 214 should be amended to add "USARPAC" (i.e., U. S. Army Pacific Command).

2.  The applicant served a period of qualifying service for award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). He also participated in five campaigns while in the Republic of Vietnam.  Therefore, he is entitled to the Vietnam Service Medal with one silver service star and the Republic of Vietnam Campaign Medal with Device (1960).

3.  All units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, this award should also be added to the applicant's DD Form 214.

4.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Pistol Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, these badges should be added to his DD Form 214.

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 22c of his DD Form 214 to add "USARPAC"; and

	b.  adding the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Pistol Bar, and the Marksman Marksmanship Qualification Badge with  Rifle Bar (M-16) to his DD Form 214.



      _______ _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)                                         AR20090004399





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ABCMR Record of Proceedings (cont)                                         AR20090004399



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