IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100020041 


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, the spouse of a deceased former service member (FSM), requests that her husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his foreign service.

2.  The applicant states her husband's DD Form 214 does not show his Vietnam service.

3.  The applicant provides the following documents in support of her application:

* DD Form 214 for the period ending 11 July 1969
* DA Form 2) (Enlisted Qualification Record)
* Special Orders Number 135, issued on 12 July 1967 by Armed Forces Examining and Entrance Station, Cincinnati, OH
* Unit Orders Number 10, issued on 11 February 1969 by 40th Military Police Battalion
* General Orders Number 67, issued on 12 June 1969 by Headquarters, Special Troops, U.S. Army Armor Center, Fort Knox, KY
* Special Orders Number 137, issued on 9 July 1969 by Headquarters, U.S. Army Armor Center, Fort Knox, KY
* multiple promotion orders
* multiple documents from the FSM military health records
* Letter Orders Number 06-1108135, issued on 15 June 1971 by Office of the Adjutant General, Department of the Army
* newspaper article dated February 1970

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 FSM was inducted into the Army of the United States on 12 July 1967.  He completed his initial entry training and was awarded military occupational specialty 95B (Military Police).

3.  Item 31 (Foreign Service) of the FSM's DA Form 20 shows he served in the U.S. Army Pacific Command (USARPAC) in Thailand for 12 months during the period from 20 December 1967 to 13 December 1968.

4.  Item 38 (Record of Assignments) of the FSM's DA Form 20 shows he served with the 219th Military Police Company in USARPAC (Thailand) from 23 December 1967 to 11 December 1968.  

5.  Item 41 (Awards and Decorations) of the FSM's DA Form 20 shows he was awarded the National Defense Service Medal and the Vietnam Campaign Medal (properly known as the Republic of Vietnam Campaign Medal with Device [1960])

6.  General Orders Number 67, issued by Headquarters, Special Troops, U.S. Army Armor Center, Fort Knox, KY on 12 June 1969 awarded the FSM the Army Good Conduct Medal (1st Award) for his period of service from 12 July 1967 to 11 July 1969.

7.  On 11 July 1969, the FSM was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his military service obligation.  He was issued a DD Form 214 that shows this entry in item 22c (Foreign and/or Sea Service) in year(s), month(s) and day(s) format: "00 00 00."

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows he received the following awards and service ribbons:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* 
9.  Item 30 (Remarks) does not show any service in the Republic of Vietnam.  

10.  On 1 May 1983, the FSM and the applicant were married.

11.  On 25 June 1999, the FSM died.

12.  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 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

	c.  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.  Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  "Direct support" is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.  
	
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her husband served in Vietnam during his enlisted service in the U.S. Army and that this service is not recorded on his DD Form 214.

2.  Based on the available evidence, the FSM served in the USARPAC geographic region of Thailand from 23 December 1967 to 13 December 1968.  

3.  During the timeframe the FSM served, Army Regulation 635-5 provided that a Soldier's DD Form 214, item 22c would show a Soldier's last overseas command.  The FSM's foreign service tour was from 20 December 1967 thru 13 December 1968 for a duration of 11 months and 24 days.  Therefore, it would be appropriate to correct the FSM's DD Form 214 with a separation date of 11 July 1969 to show in item 12c that his service in USARPAC was 00 year(s), 11 month(s) and 24 day(s).

4.  The FSM's records show he was awarded the Republic of Vietnam Campaign Medal with Device (1960) that was given by the Government of Vietnam to members of the U.S. Armed Forces who were assigned to the Republic of Vietnam or who provided direct combat support to the Republic of Vietnam and the U.S. Armed Forces.  As such, an assumption is made that the FSM, a military policeman, provided "direct combat support" to the Soldiers of the Republic of Vietnam and the U.S. Armed Forces.  Based on this award, the FSM is entitled to the Vietnam Service Medal and correction to his DD Form 214 to show this award.

5.  General orders announced award of the Army Good Conduct Medal (1st Award).  Therefore, he is entitled to a correction of his DD Form 214 to show this award.



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 11 July 1969 to show the following dates in year(s), month(s) and day(s) format:

	a.  deleting from item 12c "00 00 00";

	b.  adding to item 12c "USARPAC" and "00 11 24"; and

	c.  adding to item 24 the Vietnam Service Medal and the Army Good Conduct Medal (1st Award).



      _______ _ 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)                                         AR20100020041





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ABCMR Record of Proceedings (cont)                                         AR20100020041



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