IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100016229


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 service in Vietnam.

2.  The applicant states he served in Vietnam from August 1966 to August 1967; however, his DD Form 214 states service in the U.S. Army Pacific Command (USARPAC) versus Vietnam.  He states his previous medical claim was denied because his DD Form 214 did not specifically state "Vietnam."

3.  The applicant provides:

* his DD Form 214
* 3 pages of his DA Form 20 (Enlisted Qualification Record)
* a Certificate of Achievement issued by Headquarters, I Field Force, Vietnam
* a Certificate of Service from the 272nd Military Policy Company
* a newspaper article from his hometown newspaper documenting his service in Vietnam
* an internet extract entitled "USARPAC Short History"

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’s records show he enlisted in the Regular Army on 14 September 1965.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 95B (Military Police).

3.  His records show he served in Vietnam from 26 August 1966 to 25 August 1967.  He was assigned to the 292nd Military Police Company, I Field Force Vietnam, U.S. Military Assistance Command, Vietnam.

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 9 months, and 8 days of total active service.

5.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year of foreign service in USARPAC.

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

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

7.  Item 30 (Remarks) of his DD Form 214 does not show any service in Vietnam.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states for:

	a.  item 22c, 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 service was performed, e.g. USAREUR (U.S. Army Europe), USARPAC, etc.

	b.  item 30, indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  As an example, to show service in Vietnam only, enter "Vietnam - 25 April 1970 through 28 May 1971, Indochina - Yes, Korea - No."

9.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

10.  Special Orders Number 83, issued by Headquarters, 392nd Military Police Battalion, Fort Lewis, WA, dated 4 June 1968, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

11.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar.  

12.  Award of marksmanship badges is not permanent.  Paragraph 1-31c(11) states an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

13.  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.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states 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, participation credit was awarded for the following two campaigns:

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

DISCUSSION AND CONCLUSIONS:

1.  With respect to his foreign service, he served in the USARPAC theater for a period of 1 year from 26 August 1966 to 25 August 1967.  His service is correctly reflected in item 22c of his DD Form 214 and as required by regulatory guidance at the time, the major theater/overseas command (USARPAC) is properly annotated.   Accordingly, there is no basis for granting this portion of his requested relief.

2.  However, regulatory guidance stated for item 30 of a Soldier's DD Form 214, indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Therefore, he is entitled to correction of his DD Form 214 to show the entry "Vietnam - 26 August 1967 through 25 August 1968, Indochina - Yes, Korea - No."

3.  General orders awarded the U.S. Military Assistance Command and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 8 February 1962 to 28 March 1973.  Therefore, he is entitled to correction of his DD Form 214 to show this unit awards.

4.  Records show he participated in 2 campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show 2 bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), effective 4 June 1968.  Therefore, he is entitled to correction of his DD Form 214 to show this badge in lieu of the marksman level badge now shown.





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 partial recommendation for partial 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 24 of his DD Form 214 the Vietnam Service Medal and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber);

	b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber); and

	c.  adding to item 30 of his DD Form 214 the entry "Vietnam - 26 August 1967 through 25 August 1968, Indochina - Yes, Korea - No."

2.  The Board further determined 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 amending item 22c of his DD Form 214 to read "Vietnam" or "USARPAC-Vietnam."



      __________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)                                         AR20100017975



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ABCMR Record of Proceedings (cont)                                         AR20100016229



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