BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090014949 


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 amendment of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam Campaign Medal with Device (1960) and his service in Indochina.

2.  The applicant states:

* campaign medals are sometimes overlooked by accident
* when he was being discharged he really did not know what he was supposed to have on his DD Form 214
* he found discrepancies in his service record after he requested it from the National Personnel Records Center (NPRC)

3.  The applicant provides a copy of his DD Form 214 and two pages from his DA Form 20 (Enlisted Qualification Record).

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.  On 15 August 1961, the applicant enlisted in the Regular Army for 3 years.  He completed training as an auto maintenance helper.  He was transferred to Germany on 13 January 1962.

3.  He was honorably discharged on 12 September 1963 for the convenience of the government.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows that he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  He had 1 year and 8 months of service in U.S. Army, Europe (USAREUR).

4.  While he was in Germany, he reenlisted in the Army for 6 years on 13 September 1963.  He was transferred to Vietnam on 23 June 1965 and was assigned to the 256th Transportation Detachment.  The applicant returned to the continental United States (CONUS) on 22 June 1966.

5.  While in Vietnam, the applicant participated in the following campaigns:

* Vietnam Defense Campaign, which extended from 8 March 1965 - 24 December 1965
* Vietnam Counteroffensive, which extended from 25 December 1965 – 
   30 June 1966

6.  He was transferred to Germany on 17 August 1966 and he returned to CONUS on 30 September 1968.

7.  He was honorably discharged on 12 September 1969.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows the following awards:

* National Defense Service Medal
* Army Good Conduct Medal (2 awards)
* Vietnam Service Medal
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  Item 22c (Foreign and/or Sea Service) on his DD Form 214 shows service in Vietnam (USARV) and in Germany (USAREUR).  His DA Form 20 shows he was awarded the Republic of Vietnam Campaign Medal with Device (1960).

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Campaign Medal, correctly known as 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.  

10.  Army Regulation 600-8-22 also 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, in this case, the Vietnam Service Medal.

11.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 - 26 March 1967 by Department of the Army General Order (DAGO) Number 22, dated 1968.

12.  Army Regulation 635-5 (Personnel Separation/Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  The regulation provided that for item 22c (Foreign and/or Sea Service), 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 overseas theater in which service was performed, e.g. "Foreign and/or Sea Service (USAREUR).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Republic of Vietnam Campaign Medal with Device (1960) and his service in Indochina.

2.  His records show he served a qualifying period of service in the Republic of Vietnam and was awarded the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, this award should be included on his DD Form 214.

3.  Records show the applicant was awarded the Vietnam Service Medal.  He participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  His records also show that he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this unit award should be included on his DD Form 214.

5.  Records confirm the applicant served in the Republic of Vietnam from 23 June 1965 through 22 June 1966; however, there is no provision to specify this service on his DD Form 214.  By Army regulation in effect at the time, Item 22c of his
DD Form 214 for the period ending 12 September 1969 should have only shown his "last overseas theater in which service was performed"; however, the entry shows he served in both USARV and USAREUR during this period for a total of
3 years, 1 month, and 28 days.  As such, there is no basis for granting this portion of the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

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

   a.  deleting from item 24 of his DD Form 214 for the period ending
12 September 1969 the Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 for the period ending 12 September 1969 the following awards:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains showing service in Indochina on 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)                                         AR20090014949



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ABCMR Record of Proceedings (cont)                                         AR20090014949



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