IN THE CASE OF:	  

		BOARD DATE:	    13 September 2011

		DOCKET NUMBER:  AR20110004729 


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 dates of service in Vietnam be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests all awards and decorations to which he may be entitled for his service in Vietnam.

2.  The applicant states:

* His Department of Veterans Affairs medical benefits were denied because his DD Form 214 does not show his dates of service in Vietnam
* He never received the awards for his service in Vietnam

3.  The applicant provides:

* DD Form 214
* Boarding pass
* Travel voucher
* Receipt of records and flight information
* Letter, dated 11 January 2011, from a Member of Congress 

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.  He enlisted in the Regular Army on 4 October 1961 for a period of 3 years.  He arrived in Vietnam on 6 October 1963.  He served as a single engine airplane mechanic assigned to the 18th Aviation Company in Vietnam from 8 October 1963 to 26 September 1964.  He was released from active duty on 28 September 1964.

3.  His DD Form 214 shows in:

* Item 24c (Foreign and/or Sea Service) he served 11 months and 21 days of foreign service in U.S. Army Pacific (USARPAC)
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Armed Forces Expeditionary Medal (AFEM) for service in Vietnam and Marksman Marksmanship Qualification Badge with Rifle and Carbine Bars 
* Item 32 (Remarks) no Vietnam service

4.  Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 6 October 1963 through 26 September 1964, a total of 11 months and 21 days.

5.  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. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

6.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that 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 the service was performed would be entered in item 24c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the Remarks block.

7.  Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

8.  Army Regulation 600-8-22 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.  

9.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995 and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 29 of the applicant's DA Form 20 which shows he served in Vietnam from 6 October 1963 through 26 September 1964 is accepted as sufficient evidence on which to add the entry "Vietnam Service:  6 October 1963 to 26 September 1964" to item 32 of his DD Form 214.

2.  He served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960) and National Defense Service Medal.  His DD Form 214 should be corrected to show these medals.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  His DD Form 214 should be corrected to show this unit 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 the Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 26 of his DD Form 214; and 
 
	b.  adding the entry "Vietnam Service:  6 October 1963 to 26 September 1964" to item 32 of his DD Form 214.
	


      _______ _   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)                                         AR20110004729



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ABCMR Record of Proceedings (cont)                                         AR20110004729



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