IN THE CASE OF:	  

		BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100017320


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 dates of service in Vietnam and any related service awards or medals that were excluded from his original DD Form 214.

2.  The applicant states his dates of service in Vietnam and related service awards and medals were excluded from his original discharge paperwork and he would like a corrected copy of his DD Form 214.  

3.  The applicant provides his DD Form 214.

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 was inducted into the Army of the United States (AUS) for 2 years on 22 December 1965.  He attended basic combat and advanced individual training and was awarded military occupational specialty 95B (Military Police).  

3.  Special Orders Number 187, issued by Headquarters, 101st Airborne Division and Fort Knox, KY, dated 3 August 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His records show he served in Thailand from 20 October 1966 to 2 November 1967.  During this period he was assigned to the 281st Military Police Company, 40th Military Police Battalion, 9th Logistical Command, Headquarters, United States Army Support Command, Thailand.  There is no documentation in the available records, nor has he provided any documentation, to show he served in Vietnam, or that his unit of assignment was in direct support of operations in Vietnam. 

5.  General Orders Number 21, issued by Headquarters, 40th Military Police Battalion, dated 23 October 1967, awarded him the Army Good Conduct Medal (First Award).

6.  On 2 November 1967, he was honorably released from active duty in the rank/grade of private first class (PFC)/E-3 on 2 November 1967 and transferred to the U.S. Army Reserve Control Group for the remainder of his service obligation.  His DD Form 214 shows he completed 1 year, 10 months, and 11 days of active service.  This form also shows the following entries:

   a.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year and 13 days of foreign service; however, it does not list the overseas theater of this service.

   b.  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 and the "Sharpshooter Bade." 

7.  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 item 22c will show total active duty outside 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.  Furthermore, item 30 is used for Department of the Army mandatory requirements, when a separate block is not available, and as a continuation entry.

8.  A review of his records indicates his entitlement to additional awards which are not shown on his records.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

   a.  The Vietnam Service Medal was authorized on 8 July 1965.  It is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.  Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award; however, they are not authorized campaign participation credit.

   b.  The Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960), is awarded by the Government of the Republic of Vietnam to members of the United States Army.  To qualify for award personnel must have served in the Republic of Vietnam for 6 months during the period from 1 March 1961 to 28 March 1973, inclusive, or have served outside the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months.  Such individuals must meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal, during the period of service required to qualify for the Republic of Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his dates of service in Vietnam and any related service awards or medals that were excluded from the original has been carefully considered and determined to have partial merit. 

2.  With respect to his foreign service, the evidence of record shows he served in the USARPAC Theater (Thailand) for a period of 1 year and 13 days from          22 October 1966 to 2 November 1967.  Therefore, he is entitled to correction of his DD Form 214 to show "USARPAC 1-0-13" in item 22c.  

3.  Special Orders Number 187, issued by Headquarters, 101st Airborne Division, dated 3 August 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to delete "Sharpshooter Bade" and add "Sharpshooter Marksmanship Badge with Rifle Bar (M-14)."

4.  General Orders Number 21, issued by Headquarters, 40th Military Police Battalion, dated 23 October 1967, awarded him the Army Good Conduct Medal (First Award); therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The evidence of record shows he served in Thailand with the 281st Military Policy Company; however, there is no evidence he served in direct support of operations in Vietnam.  Absent such evidence, he is not entitled to correction of his DD Form 214 to show award of the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960).

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 amending:

* item 22c of his DD Form 214 to show "USARPAC"
* item 24 of his DD Form 214 to delete "Sharpshooter Bade" and add "Sharpshooter Marksmanship Badge with Rifle Bar (M-14)"
* item 24 of his DD Form 214 to add award of the Army Good Conduct Medal (First Award)

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 correcting the applicant's DD Form 214 to show any Vietnam specific awards.



      _______ _   __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)                                         AR20100017320



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