BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100010499


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 foreign service in Vietnam
* the Vietnam Service Medal and Republic of Vietnam Campaign Medal

2.  The applicant states he proudly served in Vietnam, but his DD Form 214 does not show this service, nor does it list the Vietnam Service Medal and Vietnam Campaign Medal as authorized awards.

3.  The applicant provides a DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice]) which shows he was a member of the 201st Aviation Company (Corps), located in Nha Trang, Vietnam, during September 1968.

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) for 2 years on 1 December 1966 and he was sent to Fort Leonard Wood, MO.  He completed Basic Combat Training at Fort Leonard Wood and, on or about 18 February 1967, he was transferred to Fort Lee, VA for Advanced Individual Training in military occupational specialty (MOS) 56C, Petroleum Storage Specialist.

3.  The applicant departed Fort Lee on or about 13 April 1967 for Fort Bragg, NC and an assignment with the 364th Supply and Service (S&S) Company.  He served with this unit from 24 April-25 May 1967, when he was reassigned to the 201st Aviation Company.

4.  The 201st Aviation Company was transferred from Fort Bragg to Vietnam in the Fall of 1967.  The applicant arrived in Vietnam on 2 October 1967 and served as an aircraft fuel handling specialist with the 201st Aviation Company.  On 25 September 1968, he returned to the States at the U.S. Army Personnel Center, Oakland Army Base, Oakland, CA.  He served 11 months and 24 days in Vietnam.

5.  The applicant's service in Vietnam is verified on his DA Form 20 (Enlisted Qualification Record).  This document also shows he was awarded the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  The applicant's DD Form 214 shows:

* he was honorably released from active duty on 27 September 1968
* he served 1 year, 9 months, and 27 days of creditable active service
* his last duty assignment was the 201st Aviation Company, U.S. Army Pacific (USARPAC)
* he served 11 months and 24 days of undefined foreign service
* he was awarded the National Defense Service Medal

7.  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.  

8.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.   During the applicant's service in Vietnam, there were four campaigns – Vietnam Counteroffensive, Phase III (1 June 1967-29 January 1968); TET Counteroffensive (30 January 1968-1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968—30 June 1968); and Vietnam Counteroffensive, Phase V (1July 1968-1 November 1968).

9.  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.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the 201st Aviation Company, the unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for the period 1 July-31 December 1968 by Department of the Army General Order Number 36, dated 1970.  It also shows that the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 to 17 May 1968 by Department of the Army General Order Number 21, dated 1969.

11.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214.  The regulation in effect during the applicant's period of service stated:

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) would list all awards earned during the period of service covered by the DD Form 214; and

	b.  for enlisted Soldiers, Item 22c (Foreign and/or Sea Service) would be completed as follows:  "Enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed [emphasis added]."



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his foreign service in Vietnam and that he was awarded the Vietnam Service Medal and Vietnam Campaign Medal.

2.  Block 22c of the applicant's DD Form 214 shows he served 11 months, and 24 days of foreign service, but it does not indicate "the last overseas theater service was performed."  This should be corrected to show U.S. Army Vietnam (USARV) in the space after the phrase "Foreign and/or Sea Service."

3.  Block 24 of the applicant's DD Form 214 shows only the National Defense Service Medal as an authorized award.  The following awards should also be added:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Meritorious Unit Commendation
* 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:

	a.  adding "USARV" to Block 22c and

	b.  adding the following awards in Block 24:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _________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)                                         AR20100010499



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100010499



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1