BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100018131 


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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect both his tours of duty in Vietnam and Ethiopia in block 22c (Foreign and/or Sea Service) and that his military education be corrected to reflect the period August 1964 to March 1965.

2.  The applicant states he desires the changes to be made to aid him in obtaining Department of Veterans Affairs benefits due to conditions related to Agent Orange.

3.  The applicant provides:

* a copy of his DD Form 214
* a copy of a DA Form 1577 (Authorization for Issuance of Awards)
* a partial copy of 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 enlisted in the Regular Army on 28 May 1964 for a period of 4 years and assignment to the Army Security Agency.  He completed basic training at Fort Dix, New Jersey, and was transferred to Fort Devens, Massachusetts, on 21 August 1964 for advanced individual training (AIT).  He completed AIT in February 1965 and was transferred to Vietnam on 25 February 1965.  He served in three campaigns in Vietnam until 25 March 1966 and was transferred to Ethiopia on 14 May 1966.  He completed his tour of duty in Ethiopia on 11 November 1967 and was transferred to Fort Meade, Maryland, where he remained until he was honorably released from active duty on 27 May 1968 due to the expiration of his term of service.

3.  The DD Form 214 issued to the applicant reflects in block 22c that he served 2 years, 6 months, and 27 days of foreign service and that his last foreign service was in Ethiopia.  It shows, in part, that he was awarded the Vietnam Service Medal (VSM).

4.  Block 25 (Education and Training Completed) reflects that he attended AIT from August 1965 to March 1966.

5.  The DA Form 1577 provided by the applicant shows the applicant was issued a Republic of Vietnam Campaign Medal and was informed that he was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Those awards are not included on his DD Form 214.

6.  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.  

7.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provided that only the last theater of foreign service would be reflected in block 22c.

8.  Army Regulation 600-8-22 provides for the wear of a bronze service star on the appropriate service medal, to include the VSM, for each campaign participation credit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that both of his overseas tours of duty should be reflected in block 22c of his DD Form 214 has been noted and found to lack merit.  The applicable regulation in effect at the time provided that only the last theater in which the individual served would be reflected on the DD Form 214.  Accordingly, there is no basis to grant his request.

2.  The applicant's contention that his DD Form 214 inaccurately reflects the period he attended AIT has been noted and found to have merit.  The applicant attended AIT from August 1964 to February 1965.  However, his DD Form 214 reflects that he attended AIT from August 1965 to March 1966.  Accordingly, it should be corrected at this time.

3.  Additionally, the applicant is entitled to have the awards of the Republic of Vietnam Campaign Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation entered on his DD Form 214 as well as three bronze service stars for wear on his already-awarded VSM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the entry in block 25 of his DD Form 214 reflecting the period "Aug 65-Mar 66" and replacing it with "Aug 64-Feb 65"
* deleting the VSM from his DD Form 214
* adding the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the VSM with three bronze service stars

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 adding his Vietnam service in block 22c of his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20100018131



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ABCMR Record of Proceedings (cont)                                         AR20100018131



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