IN THE CASE OF:	  

		BOARD DATE:	    25 August 2011

		DOCKET NUMBER:  AR20110002616 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he served in the Republic of Vietnam (RVN) 15 months.  This is also interpreted to mean any awards that he may have been authorized for this period of service.

2.  The applicant states he was stationed in Cam Ranh Bay approximately 
2-3 weeks.  He was later assigned to a tug boat (LT 579) for the remaining 
15 months of duty servicing the port of Saigon and many other ports in the RVN.  Further, the critical military occupational specialty (MOS) form he signed relates details of his service in the RVN.

3.  The applicant does not provide any additional 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 was inducted into the Army of the United States on 19 April 1965.  He completed his initial entry training and was awarded MOS 61C (Marine Engineer).

3.  His DA Form 20 (Enlisted Qualification Record) shows during his period of service his assignments included the:

   a.  515th Transportation Company (Light Truck) RVN from 8 February to 
12 February 1966.

   b.  386th Transportation Detachment (RVN) from 13 February to 8 May 1966.
   
   c.  386th Transportation Detachment (Okinawa) from 9 May 1966 to 
13 April 1967.

4.  On 15 April 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve (Annual Training).  His DD Form 214 shows in:

   a.  Item 22c (Foreign and/or Sea Service) - USARPAC 11 months and 
17 days.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) -  the Vietnam Service Medal, National Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.

   c.  Item 30 (Remarks) - no dates showing RVN service.

5.  The record does not show the applicant signed a critical MOS form.

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

7.  General Orders Number 21, issued by the Headquarters, 2nd Logistical Command, APO San Francisco, dated 8 March 1967, awarded him the Army Good Conduct Medal (1st Award).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that during his assignment to:
   a.  The 515th Transportation Company (Light Truck) it was awarded the Meritorious Unit Commendation for the period 21 September 1965 – 
1 August 1966 by Department of the Army General Order (DAGO) 1, dated 1969, amended by DAGO 17, dated 1968.

   b.  The 386th Transportation Detachment it was awarded the Meritorious Unit Commendation for the period 31 October 1965 to 31 December 1966, by DAGO 55, dated 1968, amended by DAGO 30, dated 1968. 

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows he participated in the Vietnam Counteroffensive (25 December 1965 to 30 June 1966).  Additionally, this regulation states a bronze service star is authorized 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 all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  An earlier version of Army Regulation 635-5 provided that item 30 of the DD Form 214 would show the Soldier's inclusive dates of service in Vietnam during the current period of service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed 1 year, 2 months, and 
6 days of foreign service in USARPAC (RVN and Okinawa) from 8 February 1966 to 13 April 1967; however, his DD Form 214 shows 11 months and 
17 days.  His record should be corrected to show his correct foreign service.  

2.  He was assigned to the RVN from 8 February to 8 May 1966; therefore, it would be appropriate to enter his foreign service in the RVN in item 30 of his DD Form 214.

3.  Additionally, he participated in one campaign during his service in the RVN and he is entitled to one bronze service star to be affixed to his previously awarded Vietnam Service Medal.


4.  General orders awarded his unit(s) the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two Meritorious Unit Commendations which are not shown on his DD Form 214.

5.  General orders awarded him the Army Good Conduct Medal (1st Award) for the period 19 April 1965 through 11 April 1967.  

6.  In view of the evidence, his record should be corrected as stated above.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

   a.  Deleting the entry in item 22c of his DD Form 214 and adding 1 year,
2 months, and 6 days.

   b.  Deleting the Vietnam Service Medal from item 24 of his DD Form 214 and adding the following:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  Recording in item 30 of his DD Form 214 the entry "RVN SERVICE:  
8 February 1966 - 8 May 1966."

3.  The Board further determined that 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 correcting his record to show he served in the Republic of Vietnam 15 months.



      _______ _  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)                                         AR20110002616



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ABCMR Record of Proceedings (cont)                                         AR20110002616



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