IN THE CASE OF:	  

		BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100007674 


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 DD Form 214 (Report of Separation from Active Duty) be corrected to show he served in the Republic of Vietnam.

2.  The applicant states, in effect, his DD Form 214 does not show his combat service in Vietnam with Headquarters Company and Company A, 4th Medical Battalion and Headquarters Company and Company A, 4th Engineer Battalion (Combat Heavy).  

3.  The applicant does not provide any documentary evidence 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 enlisted in the Regular Army (RA) on 24 March 1964 for a 
3-year period.  He completed his initial entry training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).

3.  On 29 April 1967, the applicant was honorably discharged for the purpose of immediate reenlistment in the RA and issued a DD Form 214.  At the time of reenlistment, he was assigned to U.S. Army – Europe (USAREUR), Germany.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show service in the U.S. Army Pacific Command (USARPAC), Vietnam during this enlistment period.  Item 22c (Statement of Service/Foreign Service) of his DD Form 214 shows he served in USAREUR 1 year, 9 months, and 11 days.  

4.  He reenlisted on 30 April 1967 for a 3-year period.  

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows the following sequence of assignments:

* on 20 January 1968 enroute to USARPAC
* on 10 March 1968 assigned to Company A, 4th Engineer Battalion, 4th Infantry Division, USARPAC – Vietnam 
* on 9 July 1968 assigned to Headquarters and Company A, 4th Medical Battalion, 4th Infantry Division, USARPAC – Vietnam
* on 13 December 1968 enroute to USAREUR – Germany 
* on 31 December 1968 assigned to the 527th Military Intelligence Company, USAREUR – Germany

6.  On 12 December 1969, the applicant was honorably discharged for the purpose of immediate reenlistment.  He was issued a second DD Form 214 for the enlistment period 30 April 1967 to 12 December 1969 that shows in item 22c his last overseas command was in USAREUR.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) contains no entries.  Item 30 (Remarks) does not show his service in the Republic of Vietnam.  

7.  The applicant reenlisted on 13 December 1969.

8.  The applicant's DA Form 20 shows he departed USAREUR on or about 18 November 1970 enroute to USARPAC.  There is no unit of assignment or a country of duty assignment identified.  The next entry shows 25 February 1971, when he was assigned to Fort Ord, CA in a duty Soldier status "(non-effective)."

9.  The applicant was stationed in USAREUR on 19 April 1971.

10.  The applicant was issued a General Discharge Certificate on 12 March 1973 due to unfitness – an established pattern showing dishonorable failure to pay just debts.  He was issued his third DD Form 214 that shows his last overseas command was USAREUR. 

11.  References:

   a.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  In pertinent part, it directed that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed be entered in Item 22c.  A later revision of this regulation further provided for entry of inclusive dates of service in Vietnam during the current period of service in Item 30.

   b.  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.  Appendix B of this regulation shows the campaigns for Vietnam.  This 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 tour in Vietnam, he participated in these four campaigns:

* Tet Counteroffensive (30 January – 1 April 1968)
* Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnamese Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968 – 22 February 1969

	c.  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.  

	d.  Department of the Army General Orders Number 8, dated 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served a combat tour of duty in the Republic of Vietnam and his DD Form 214 does not show this combat tour.

2.  Based on the available evidence the applicant had three periods of enlisted service.  He served in USARPAC – Republic of Vietnam from 20 January 1968 to 13 December 1968 in addition to his tours in USAREUR.  

3.  During the timeframe the applicant served Army Regulation 635-5 provided that a Soldier would be issued a DD Form 214 for each enlistment period and item 22c would show the last overseas command in which a Soldier performed.  A later revision of Army Regulation 635-5 directed that the inclusive date of service for duty in the Republic of Vietnam would be entered in item 30 of the Soldier's DD Form 214.  

4.  In light of the revised policy, it would be appropriate to correct the applicant's DD Form 214 with a separation date of 12 December 1969 to show his service in the Republic of Vietnam was from 20 January to 13 December 1968.  

5.  Based on his service in the Republic of Vietnam and participation in four campaigns, his DD Form 214 should be corrected to show the Vietnam Service Medal with four bronze service stars.   

6.  He is also entitled the Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

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 amending his DD Form 214 with a separation date of 12 December 1969 by:

	a.  adding to item 24: 

* Vietnam Service Medal with four bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 

   b.  adding to item 30 the entry "VIETNAM – 20 JANUARY 1968 TO 13 DECEMBER 1968."  



      _____________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)                                         AR20100007674



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100007674



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1