IN THE CASE OF:	  

		BOARD DATE:	    23 February 2010

		DOCKET NUMBER:  AR20090015322 


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 July 1966 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his service in Vietnam.  

2.  The applicant states, in effect, that he served in Vietnam between 22 August 1965 and 1 March 1966.  He states that service in Vietnam will change his priority group with the Department of Veterans Affairs and allow him to display his decorations.

3.  The applicant provides a copy of a Red Cross message showing he served in Vietnam and a copy of letter to his Congressional Representative.

0CONSIDERATION 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.  Records available to the Board indicate the applicant enlisted for a period of
3 years and entered active duty as a Regular Army enlisted Soldier on 5 July 1963.  In December 1963, upon completion of training, the applicant was assigned to the 65th Engineer Battalion in Hawaii.  Item 31 (Foreign Service) on his DA Form 20 (Enlisted Qualification Record) indicates he arrived in Hawaii/United States Army Pacific (USARPAC) on 18 December 1963.

3.  Entries on the applicant’s DA Form 20 indicate he was reassigned to Vietnam as part of a unit reassignment in August 1965.  He arrived in Vietnam on 
22 August 1965.

4.  On 27 February 1966, while in Vietnam, the applicant was granted emergency leave due to the critical illness of his father.  Orders placing him in an emergency leave status indicated he was to proceed “OA” (on or about) 27 February 1966 although an entry in item 31 (Foreign Service) on his DA Form 20 indicates he actually departed Vietnam on 1 March 1966. 

5.  Evidence available to the Board indicates the applicant served in Hawaii for a period of 1 year, 8 months, and 4 days prior to being reassigned with his unit to Vietnam.  He served 6 months and 9 days in the United States Army Vietnam (USARV).  His total foreign service time equals 2 years, 2 months, and 13 days.

6.  The applicant was ultimately granted a compassionate reassignment to Fort Riley, Kansas, and on 1 July 1966, he was released from active duty with an honorable characterization of service in pay grade E-4.  Item 24c (Foreign and/or Sea Service) on his DD Form 214 reflects USARPAC 6 months and 10 days.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 reflects only his qualification as an expert with the rifle.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, states that item 24c on an enlisted Soldier’s DD Form 214 would reflect 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 service was performed in and gives the example of “e.g., “Foreign and/or Sea Service (USAREUR).”  

9.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974, inclusive.  

10.  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.

11.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tours in Vietnam he would have participated in two designated campaign periods (Vietnam Defense Campaign and Vietnam Counteroffensive).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

12.  Army Regulation 600-8-22 also provides, in pertinent part, 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.  

13.  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 a Valorous Unit Award for the period January to April 1966 by Department of the Army General Order Number 20, dated 1967.

14.  Department of the Army Pamphlet 672-3 also shows the applicant is eligible to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant served in USARV for 6 months and 
9 days between 22 August 1965 and 1 March 1966.  The evidence also shows that he had 1 year, 8 months, and 4 days of overseas service in Hawaii prior to being reassigned to USARV.  His total overseas service between Hawaii and USARV would have been 2 years, 2 months, and 13 days, with his last overseas assignment in the USARV.  As such, item 24c on is DD Form 214 should be corrected to reflect his total foreign service as 2 years, 2 months, and 13 days and that his last foreign service was in the USARV vice 6 months and 10 days in USARPAC.

2.  The evidence also confirms the applicant is entitled to the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device 1960, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Valorous Unit Award.  His records should be corrected accordingly.

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.  showing in item 24c of his DD Form 214 that he served 2 years, 2 months, and 13 days of foreign service vice 6 months and 10 days, and that his last area of foreign service was in USARV vice USARPAC; and

   b.  amending his DD Form 214 to add the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device 1960, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Valorous Unit Award.




      _________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)                                         AR20090015322



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ABCMR Record of Proceedings (cont)                                         AR20090015322



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