IN THE CASE OF:	  

		BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100020186 


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 Vietnam service.

2.  The applicant states he was stationed in Onkay.

3.  The applicant did not provide any documentary evidence.

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 Army of the United States on 29 September 1966 and held military occupational specialty 16E (HAWK Missile Fire Control Crewmember).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam, from 21 November 1967 to 2 January 1968, and Okinawa, from 2 January 1968 to 28 April 1969.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows the following entries:

* He departed Fort Bragg, NC, in a casual status enroute to the U.S. Army Pacific Command (USARPAC) on 27 September 1967
* He was assigned to Company C, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade, on 21 November 1967
* He departed the 503rd Infantry enroute to Okinawa on 31 December 1967
* He was assigned to Battery A, 8th Missile Battalion, 3rd Artillery, USARYIS (U.S. Army Ryukyu Islands) on 31 December 1967
* He departed USARYIS enroute to Fort Bliss, TX, on 28 April 1969

5.  He was honorably released from active duty in the rank/grade of specialist five/E-5 on 17 October 1969 and he was transferred to the U.S. Army Reserve Control Group for completion of his remaining service obligation.  His DD Form 214 shows the following entries:

	a.  Item 22c (Foreign and/or Sea Service) shows he completed 1 year, 5 months, and 9 days of foreign service in USARPAC. 

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Good Conduct Medal, National Defense Service Medal, Parachutist Badge, and the "Expert Rifle."

6.  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 contained guidance on the preparation of the DD Form 214.  It stated that for item 22c, enter the total amount of 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.  Furthermore, item 30 is used for Department of the Army mandatory requirements when a separate block is not available and as a continuation entry.

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

8.  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.  

9.  Paragraph 2-13 states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  During his service in Vietnam, he participated in the Vietnam Counteroffensive, Phase III, campaign from 1 June 1967 to 29 January 1968.

10.  Headquarters, Fort Polk, LA, Special Orders Number 295, dated 15 November 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, Special Orders Number 180, dated 21 July 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service in Vietnam with the 2nd Battalion, 503rd Infantry, the unit was awarded the Presidential Unit Citation, for service from 6 to 23 November 1967 based on Department of the Army General Orders (DAGO) Number 5, dated 1979; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 15 April 1965 to 26 September 1970 based on DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  He served in the USARPAC from 21 November 1967 to 28 April 1969 (Vietnam, from 21 November 1967 to 2 January 1968 and in Okinawa, USARYIS, from 2 January 1968 to 28 April 1969) for a total of 1 year, 5 months, and 9 days of foreign service.  The regulation in effect at the time mandated an entry of the last overseas theater in which the Soldier served - USARPAC in the applicant's case.  However, although his foreign service and last overseas theater are already shown in item 22c of his DD Form 214, there is no harm to the Army or the Soldier if the portion of his foreign service in Vietnam is shown in item 30 of his DD Form 214.

2.  His foreign service in Vietnam from 21 November 1967 to 2 January 1968 qualifies him for award of the Vietnam Service Medal.  Additionally, he 

participated in one campaign during his service in Vietnam.  Therefore, he is also entitled to one bronze service star for wear with the Vietnam Service Medal.

3.  General orders awarded his unit of assignment the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown or are incorrectly shown on his        DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges. 

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:

* Adding to item 30 of his DD Form 214 the entry:  "Service in Vietnam: 19671121 - 19680102"
* Deleting from item 24 of his DD Form 214 the entry "Expert Rifle" and adding the:

* Vietnam Service Medal with one bronze service star
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 
Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   _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)                                         AR20100020186



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ABCMR Record of Proceedings (cont)                                         AR20100020186



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