IN THE CASE OF:	

		BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090015838 


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 correction of his DD Form 214 (Report of Transfer or Discharge) to show his dates of service in Vietnam.

2.  The applicant states he would like his Vietnam service added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 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 was inducted into the Army of the United States on 25 April 1967.  He was awarded military occupational specialty 64B (heavy vehicle driver).  On 4 January 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  The applicant's DD Form 214 shows the National Defense Service Medal as an authorized award.  Item 12 (Last Duty Assignment and Major Command) on his DD Form 214 shows the 120th Transportation Company, APO SF  96215 [Army Post Office San Francisco - Vietnam].  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 11 months and 28 days of foreign service.  Item 30 (Remarks) of his DD Form 214 does not show any service in Vietnam.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) is incomplete.

5.  The applicant's inclusive dates of service in Vietnam are not available.  However, a DA Form 2658 (Health Record - Abstract of Service) shows the applicant received treatment on 11 January 1968 at the 2nd Medical Dispensary while assigned to the 352nd Transportation Company and he received treatment on 6 August 1968 at the Can Tho Army Airfield Dispensary while assigned to the 120th Transportation Company.  Service medical records, dated 11 March 1968, show the applicant was treated at the 2nd Medical Dispensary in Vietnam.  A DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice), dated 6 December 1968, shows nonjudicial punishment was imposed against the applicant in Vietnam.  This form also shows he was assigned to the 120th Transportation Company.

6.  On 3 January 1969, the applicant executed an affidavit which states, in pertinent part, that "I certify to the best of my knowledge and belief DA Form 201 (Military Personnel Records Jacket) and official contents therein were last located at Vietnam."  The section "Additional Information as to Present Whereabouts of Records" shows the entry "5 Jan 68-3 Jan 69" [11 months and 28 days] and his last unit assignment is shown as the 120th Transportation Battalion, U.S. Army Vietnam.

7.  Records show the applicant participated in four campaigns during the period 11 January 1968 to 6 December 1968 in Vietnam.

8.  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 352nd Transportation Company was awarded the Meritorious Unit Commendation for actions during the period 1 July 1968 to 30 June 1969 based on Department of the Army General Orders Number 53, dated 1970.
9.  Department of the Army General Orders Number 8, 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.

10.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214.  The regulation in effect at the time provided that 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 the service was performed would be entered in item 22c.  The regulation also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries "Yes" or "No" for service in Indochina and Korea.

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service 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.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or its contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to show his dates of service in Vietnam was carefully considered.  Although his inclusive dates of service in Vietnam are not available, his DD Form 214 shows he had 11 months and 28 days of foreign service.  The medical evidence of record shows he was in Vietnam on 11 January 1968 and other evidence of record shows he received nonjudicial punishment on 6 December 1968 in Vietnam.  In addition, the applicant executed an affidavit on 3 January 1969 indicating that his records were last located in Vietnam during the period 5 January 1968 to 3 January 1969 which is consistent with the entry in item 22c which shows his foreign service as 11 months and 28 days.  Therefore, item 30 of his DD Form 214 should be corrected to show he served in Vietnam from 5 January 1968 to 3 January 1969.  In addition, item 22c of his DD Form 214 should be corrected to show his last overseas theater was U.S. Army Pacific [USARPAC].

2.  As a related issue and based on the applicant's service in Vietnam, he is eligible for award of the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).

3.  The 352nd Transportation Company was cited for award of the Meritorious Unit Commendation while he was assigned to it on 11 January 1968.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award 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.  adding the entry "USARPAC" to item 22c of his DD Form 214;

	b.  adding the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and

	c.  adding the entry "Vietnam Service:  5 January 1968 to 3 January 1969" to item 30 of 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)                                         AR20090015838



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ABCMR Record of Proceedings (cont)                                         AR20090015838



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