IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20090021140 


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 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his service in Vietnam and his Combat Infantryman Badge.

2.  The applicant states his current DD Form 214 does not show his service in Vietnam and does not show his Combat Infantryman Badge.  He states he needs verification of his Vietnam service for benefit purposes.

3.  The applicant provides no additional evidence in support of his request.

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 and entered active duty on 23 May 1967.  He was trained in and awarded military occupational specialty 11B (light weapons infantryman) and on 13 January 1968 he arrived in Vietnam and he was assigned to 3rd Battalion, 1st Infantry,
11th Infantry Brigade.

3.  On 22 March 1968 the applicant was awarded the Combat Infantryman Badge.  Orders issued by Headquarters, Americal (23rd Infantry) Division confirmed the award.

4.  The applicant departed Vietnam on 5 September 1968 and he was reassigned to an infantry unit in Korea, part of USARPAC (United States Army Pacific), where he remained until 22 January 1969, at which time he returned to the continental United States for separation processing.

5.  On 23 January 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 22c (foreign and /or sea service) of his DD Form 214 contains the entry “USARPAC” denoting his service in the last overseas theater, but the entry does not reflect the duration of his overseas assignment; rather it contains the entry “unk” [unknown].  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal and the entry “unknown.”

6.  References:

   a.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated that item 22c of 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).”  

   b.  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 after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more day with an organization participating in or directly supporting military operations.


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

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July - 1 November 1968)

   d.  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.

   e.  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 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders 43, dated 1970.

	f.  Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Individuals serving in Korea between 1 October 1966 and 30 June 1974 are entitled to the Armed Forces Expeditionary Medal.

	g.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.


DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant served a total of 1 year and 10 days overseas between his tours of duty in Vietnam and Korea.  As such, item 22c of his 1969 DD Form 214 should be corrected to delete the entry “unk” and replace it with an entry showing his 1 year and 10 days of foreign service.  The entry “USARPAC” remains correct.

2.  The evidence also confirms the applicant was awarded the Combat Infantryman Badge.  Therefore, this badge should be added to his DD Form 214.

3.  As a result of the applicant’s service in Vietnam and Korea he is entitled to the following awards and decorations, which should be added to item 24 of his DD Form 214 to replace the “unknown” entry:

* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Armed Forces Expeditionary Medal
* Korea Defense Service Medal

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.  deleting from item 22c of his DD Form 214 the entry "USARPAC - UNK" and replacing it with the entry "USARPAC - 1  0  10" that reflects his service in Vietnam and Korea for a total of 1 year and 10 days;


   b.  deleting from item 24 of his DD Form 214 the entry "unknown"; and

   c.  adding to item 24 of his DD Form 214 the:

* Combat Infantryman Badge
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Armed Forces Expeditionary Medal
* Korea Defense Service Medal



      ____________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)                                         AR20090021140



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ABCMR Record of Proceedings (cont)                                         AR20090021140



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