BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100022309 


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 reflect his combat service in Vietnam.

2.  The applicant states his DD Form 214 does not show his combat service in Vietnam.

3.  The applicant provides his DD Forms 214 for the periods ending 31 August 1965 and 30 August 1968.

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 (RA) for a period of 3 years on 18 August 1964 and held military occupational specialty 71B (Clerk Typist).  He served in Germany from 6 January 1965 to 27 September 1966.  While in Germany, he was honorably discharged on 31 August 1965 for the purpose of immediate reenlistment.  He executed a 3-year reenlistment in the RA on 1 September 1965.

3.  Headquarters, New Cumberland Army Depot, PA, Special Orders Number 195, dated 23 November 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Vietnam with the 539th Transportation Company from 11 April 1967 to 13 October 1967.  He also served in Korea with the 8th U.S. Army Depot Command from 14 October 1967 to 23 April 1968.

5.  He was honorably released from active duty on 30 August 1968 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

6.  The DD Form 214 he was issued shows he completed 2 years, 11 months, and 29 days creditable active service during this period.  This form also shows the following:

	a.  Item 22c (Foreign and/or Sea Service) shows he completed 2 years, 1 month, and 10 days of foreign service with Korea listed as the last overseas theater.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Good Conduct Medal, one overseas service bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

	c.  Item 30 (Remarks) does not show service in Vietnam.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 in effect at the time contained guidance on the preparation of the DD Form 214.  Item 24 showed a member's awards and decorations; item 22c showed 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 in which service was performed, e.g., "USARV" [U.S. Army Vietnam]; and item 30 was used for mandatory requirements, when a separate block was not available, and as a continuation entry.

8.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  Appendix B of Army Regulation 600-8-22 shows participation credit was awarded for the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968) campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service in Vietnam, the 539th Transportation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his combat service in Vietnam.

2.  The evidence of record shows the applicant served in Vietnam from 11 April 1967 to 13 October 1967 and he also served in Korea from 14 October 1967 to 23 April 1968.  His last overseas theater was Korea which is appropriately reflected on his DD Form 214.  Nevertheless, there is no harm to the Army or the Soldier if his period of service in Vietnam is shown in item 30 of his DD Form 214.

3.  Since he served in Korea from 13 October 1967 to 23 April 1968, he served a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  The evidence of record shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be worn with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time he was assigned to the unit which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

BOARD VOTE:

____x____  _____x___  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  adding the Korea Defense Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal to item 24 of his DD Form 214 for the period ending 30 August 1968; and

	b.  adding the entry "VIETNAM SERVICE:  19670411-19671013" to item 30 of his DD Form 214 for the period ending 30 August 1968.



      __________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)                                         AR20100022309



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ABCMR Record of Proceedings (cont)                                         AR20100022309



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