IN THE CASE OF:	  

		BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100001039 


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 the following:

* Vietnam service in item 22c (Foreign and/or Sea Service)
* Award of the Republic of Vietnam Campaign Medal, Vietnam Service Medal, one overseas service bar, and the Combat Medical Badge

2.  The applicant states his DD Form 214 does not reflect dates he served in Vietnam.  Item 22c does not reflect foreign service.  He states he did not realize until recently this information is needed on his DD Form 214 for local, state, and federal veteran's benefits.  He further states local agencies have asked for a DD Form 214 or a DD Form 215 reflecting this information before they can make a determination for benefits.

3.  The applicant provides a copy of the following documents:

* his DD Form 214 for the period ending 12 December 1967
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 25 September 2006
* 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.  The applicant was inducted into the Army of the United States on 3 December 1965.  He completed the required training and he was awarded military occupational specialty 91A (medical corpsman).

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the U.S. Army Pacific (USARPAC) in Vietnam from 13 September 1966 through 28 August 1967.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned or attached to the following units in Vietnam:

* Troop A, 1st Squadron, 10th Cavalry, 4th Infantry Division from
13 September 1966 through 16 February 1967
* Headquarters and Headquarters Troop, 1st Squadron,10th Cavalry,
4th Infantry Division from 17 February 1967 through 13 April 1967
* Troop D, 1st Squadron, 10th Cavalry, 4th Infantry Division from 14 April 1967 through 28 August 1967

5.  Headquarters, 4th Infantry Division, Special Orders Number 125, dated 5 May 1967, awarded the applicant the Combat Medical Badge.

6.  The applicant was honorably released from active duty on 12 December 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 22c reflects no foreign service.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) 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.
8.  Army Regulation 600-8-22 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 contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  It also states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

9.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.  The overseas service bar is worn centered on the outside bottom half of the right sleeve of the Army green uniform coat.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  During his assignment to the 1st Squadron, 10th Cavalry in Vietnam, that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 - 
28 July 1969 by Department of the Army General Orders 3, dated 1970.

11.  Army Regulation 635-5 (Personnel Separations - 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.  It stated that for enlisted personnel, 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's DA Form 20 shows he served in Vietnam from 13 September 1966 through 28 August 1967, which is a period of 11 months and 15 days.  However, his DD Form 214 does not reflect any foreign service in item 22c.  Therefore, it would be appropriate to correct item 22c of his DD Form 214 to show his last overseas theater was "USARV" which stands for the U.S. Army Vietnam theater for 11 months and 15 days of foreign service.

2.  Based on the applicant's service in Vietnam he served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Special orders show the applicant was awarded the Combat Medical Badge.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  Based on the applicant's service in Vietnam he served a period of qualifying service for two overseas service bars for wear.  However, the overseas service bar is an item of clothing issue, not a military award or decoration.  Therefore, there is no basis for adding the overseas service bars to his DD Form 214.

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 the DD Form 214 of the individual concerned be corrected by:

	a. deleting from item 12c of his DD Form 214 the entry "0  0  0" and replacing it with the entry "Foreign and/or Sea Service (USARV)  0  11  15"; and

   b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Combat Medical Badge, and the 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 adding the overseas service bars to 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)                                         AR20100001039



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ABCMR Record of Proceedings (cont)                                         AR20100001039



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