IN THE CASE OF:	  

		BOARD DATE:	    5 April 2011

		DOCKET NUMBER:  AR20100023996 


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 service in the Republic of Vietnam (RVN) and by adding the awards he is eligible for based on this RVN service.

2.  The applicant states he was deployed to the RVN with his Army Security Agency (ASA) unit on 12 February 1968 and he returned to the United States and he was discharged at Fort Bragg, NC on 10 May 1968.  He claims his
DD Form 214 does not properly document his service in the RVN and does not include the awards he should have received based on this service.

3.  The applicant provides:

* his DD Form 214
* a former commander's letter of support
* his unit deployment orders
* his unit roster
* an extract of a Vietnam Order of Battle Pamphlet
* his Department of Veterans Affairs Rating Decision, dated 4 May 2010
* ASA and unit historical documents
* RVN Photographs 
* his Honorable Discharge Certificate


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 19 May 1964 for a period of
4 years.  He was trained in and awarded military occupational specialty (MOS) 05G (Communications Monitor) and he was promoted to specialist five (SP5)/E-5 on 9 May 1966, which is the highest rank he held while serving on active duty.

3.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 29 November 1965 through 11 December 1966.  There is no service in the RVN listed in item 31.  Item 38 (Record of Assignments) shows the applicant deployed to the RVN with his unit, the 358th ASA Company, and he served with that unit, which was designated the 358th Radio Research Company, in the U.S. Army Pacific (USARPAC) from
14 February 1968 to 14 April 1968.

4.  On 10 May 1968, the applicant was honorably released from active duty (REFRAD) as an overseas returnee.  He completed 3 years, 11 months, and
23 days of total active service.  Item 22c (Foreign and or Sea Service) of his DD Form 214 shows he completed a 1 year, 3 months, and 3 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal and the Army Good Conduct Medal.

5.  The letter of support from the applicant’s former commander with the 358th ASA Company, later renamed the 358th Radio Research Company in the RVN, states the unit deployed to the RVN in February 1968 with the 3rd Brigade of the 82nd Airborne Division in response to the TET Offensive.  He also states he can attest to the fact that the applicant deployed to the RVN with the unit and provides deployment orders and a unit roster to support this claim.  He further 


indicates he is unable to confirm the specific date the applicant returned from the RVN.  The unit historical documents provided by the applicant confirm the 358th ASA Company deployed to the RVN and was designated the 358th Radio Research Company.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect during the Vietnam era provided for entering the last Theater in which overseas service was performed in item 22c and for identifying Vietnam service in item 27 (Remarks).

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 contains guidance on the Vietnam Service Medal (VSM).  It states to qualify for this award a member must meet one of the following criteria:

* Be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations
* Be attached to or regularly serve for 1 or more days aboard a Naval vessel directly supporting military operations
* Actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations
* Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations

8.  Paragraph 2-13 of the awards regulation also states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant service in the RVN he participated in the following two campaigns:

* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

9.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period
20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect his service in the RVN and by adding awards he is eligible for based on this service has been carefully considered and found to have merit.  

2.  The regulation governing the preparation of the DD Form 214 during the Vietnam era provided for entering the last theater in which overseas service was performed in item 22c.  It also provided for documenting Vietnam service in
item 27.

3.  The applicant's DA Form 20 confirms he was deployed to the RVN with his unit and he served in the RVN from 14 February 1968 to 14 April 1968, as evidenced by entries in item 38.  As a result, it would be appropriate to add the entry "USARPAC-Vietnam" to item 22c and the entry "VIETNAM SERVICE FROM 19680214 - 19680414" to item 27 of the applicant's DD Form 214.

4.  The record also shows that based on his RVN service and campaign participation, he is entitled to the Vietnam Service Medal with 2 bronze service stars and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to add these awards to his DD Form 214.

5.  The applicant served in Korea during a qualifying period for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected 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:

	a.  adding to item 22c of his DD Form 214 the entry "USARPAC-Vietnam";

	b.  adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with two bronze service stars
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  adding to item 27 of his DD Form 214 the entry "VIETNAM SERVICE FROM 19680214-19680414."



      _______ _  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)                                         AR20100023996



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ABCMR Record of Proceedings (cont)                                         AR20100023996



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