IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100000516 


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 show his one year of service in the Republic of Vietnam and the receipt of any Vietnam service medals to which he is entitled as a result of this foreign service.

2.  He states although he served in both the Republic of Vietnam and in Europe, his DD Form 214 only reflects service in Europe.  He attributes this error to an administrative oversight and contends this service will become important for future claims with the Department of Veterans Affairs.

3.  He provides one-page extracts from his:

* DA Form 20 (Enlisted Qualification Record)
* DA Form 24 (Service 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.  Records show the applicant enlisted in the Regular Army on 19 October 1961 and held military occupational specialty 632.20 (Track Vehicle Mechanic).  The highest rank/pay grade he attained while serving on active duty was specialist five (SP5)/E-5.  On 16 October 1964, he was released from active duty by reason of expiration of term of service and he was transferred to U.S. Army Reserve (USAR) Control Group (Reinforcement), to complete his remaining Reserve obligation.

3.  His record contains (and he also provides an extract from) a DA Form 20.  In pertinent part, this form shows:

	a.  he served a tour of duty in the U.S. Army Pacific Command (USARPAC) area of operations during the period 29 April 1962 through 14 April 1963 and he was credited with 1 year of foreign service.

	b.  on 6 May 1962, he was assigned to the 178th Signal Company (Support), 39th Signal Battalion, located in the Republic of Vietnam, for a period of 12 months.

4.  His record contains (and he also provides an extract from) a DA Form 24:

	a.  Section 4 (Chronological Record of Military Service) shows:

		(1)  he departed the continental United States (CONUS) on 29 April 1962 and arrived in USARPAC on 5 May 1962;

		(2)  he was assigned to the 178th Signal Company (Support), 39th Signal Battalion, APO 143 during the period 6 May 1962 through 20 April 1963;

		(3)  on 21 April 1963, he departed USARPAC and arrived in CONUS on 28 May 1963.

	b.  Section 5 (Service Outside CONUS) shows:

		(1)  on 29 April 1962, he departed Travis Air Force Base (AFB), CA and arrived in Saigon, Vietnam on 5 May 1962 for duty in USARPAC;

		(2)  on 21 April 1963, he departed Ton Son Nhut, Vietnam and arrived at Travis AFB on 22 April 1963 for duty in CONUS;

		(3)  on 22 October 1963, he departed Gray AFB, TX and arrived at Ramstein AFB, Germany on 24 October 1963 for duty in Germany;

		(4)  on 19 November 1963, he departed Frankfurt, Germany and arrived at James Connally AFB, TX on 20 November 1963.

5.  Item 24c (Foreign and/or Sea Service) of his DD Form 214 contains the entry "(USAREUR)  1  0  24" indicating he had a cumulative total of 1 year and 24 days of foreign service during the period covered by the DD Form 214 and his most recent foreign service was performed in the U.S. Army Europe theater of operations.

6.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 and Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 show he was awarded or authorized the following:

* Army Good Conduct Medal (first award)
* Armed Forces Expeditionary Medal
* Letter of Commendation
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar

7.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

8.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) 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.
9.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This regulation shows the unit to which the applicant was assigned while serving in the Republic of Vietnam was cited for the Meritorious Unit Commendation during the period February 1962 -  June 1965 by Department of the Army General Orders (DAGO) 3, dated 1966.

11.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

13.  Army Regulation 635-5 (Separation Documents) , in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  In pertinent part, it stated the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or 
discharge.  In pertinent part, this regulation stipulated Item 24c would reflect total active duty service outside CONUS for the period covered by the DD Form 214 and the last oversea theater in which service was performed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show his one year of service in the Republic of Vietnam and the receipt of any Vietnam service medals to which he is entitled as a result of this foreign service were carefully considered and determined to have partial merit.

2.  Evidence shows the applicant completed a qualifying period of service for award of the National Defense Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to have his DD Form 214 corrected to show these medals.

3.  General orders awarded the applicant's unit the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

4.  Records show he was awarded the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam.  No person will be entitled to both the Vietnam Service Medal and the Armed Forces Expeditionary Medal for Vietnam service.  Therefore, unless he specifically requests award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, there is no justification for award of the Vietnam Service Medal.

5.  Although evidence clearly shows he served in the Republic of Vietnam (USARPAC) during the period 5 May 1962 to 21 April 1963, evidence also shows he subsequently served in Germany (USAREUR) during the period 24 October 1963 to 19 November 1963.  Therefore, Item 24c of his DD Form 214 is properly annotated in respect to foreign service and there is no justification for further amendment.

6.  Although there is no regulatory provision for modifying the applicant's DD Form 214, these Proceedings can serve as proof that the applicant 
served in the Republic of Vietnam from 5 May 1962 to 21 April 1963.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X__ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 adding to item 24 of his DD Form 214 the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* 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 to modifying Item 24c of his DD Form 214 to show he served in USARPAC.



      __________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)                                         AR20100000516



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ABCMR Record of Proceedings (cont)                                         AR20100000516



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