IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110004770 


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 (Report of Separation from Active Duty) to add the Vietnam Service Medal (VSM) and Republic of Vietnam (RVN) Campaign Medal.

2.  The applicant states he served in Vietnam for 7 months from April to August 1972 [sic] with the 572nd Transportation Company.  He needs this documented on his DD Form 214 for the purpose of applying for Department of Veterans Affairs benefits.

3.  The applicant provides a letter of appreciation and safe driving award orders in support of his application.

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 record shows he enlisted in the Regular Army on 18 October 1971 and was trained in and awarded military occupational specialty 64C (Motor Transport Operator).

3.  The applicant's record does not contain a DA Form 20 (Enlisted Qualification Record) documenting his service through 1974.  The record does contain a DA Form 2-1 (Personnel Qualification Record – Part II) that appears to have been prepared on 15 March 1974 based on the first entry in item 35 (Record of Assignments).  The DA Form 2 (Personnel Qualification Record – Part I) prepared on 25 June 1974 included in the record lists a date returned from overseas (DROS) of 4 November 1972 in item 35 (DROS/Date Eligible for Return from Overseas).

4.  The applicant's military personnel records jacket (MPRJ) contains a letter of commendation from the commander of the 572nd Transportation Company, RVN, dated 5 November 1972.  The commander commends the applicant for his duty performance as a truck driver for the unit for the past 7 months while stationed at Camp Horn, Da Nang, RVN.

5.  His MPRJ also contains promotion orders issued by the 516th Personnel Service Company, RVN, dated 17 July 1972, appointing the applicant to the rank of specialist four/E-4 effective 9 June 1972.

6.  On 17 October 1974, the applicant was honorably released from active duty after completing 3 years of active military service.  The DD Form 214 he was issued contains the entry "0  0   0" in item 18f (Foreign and/or Sea Service This Period) and documents no RVN service in item 27 (Remarks).  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists only the National Defense Service Medal.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or 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 at the time of the applicant's discharge provided for entering all overseas service completed during the period covered by the DD Form 214 in item 18f and all awards and decorations earned during the period in item 26.  It also provided for an entry documenting inclusive dates of Vietnam service in item 27.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army awards policy.  Paragraph 2-13 contains guidance on the VSM and states it is authorized for Vietnam service after 3 July 1965 through 28 March 1973.  It further 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's tenure of assignment, participation credit was granted for the Vietnam Cease-Fire campaign (30 March 1972-28 January 1973).

9.  Paragraph 9-13 of the awards regulation contains guidance on the RVN Campaign Medal.  It is authorized for 6 or more months of service in the RVN performed between 1 March 1961 and 28 March 1973.  A Device (1960) is authorized for wear with this award.

10.  Department of the Army General Orders 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in the RVN during the period 8 February 1962 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to add his RVN service and the VSM and RVNCM has been carefully considered and was found to have merit.  Although the exact dates of his service in the RVN are not documented in his record, promotion orders and a letter of commendation in the record confirm he served in the RVN for 7 months and his DA Form 2 confirms his DROS date as 4 November 1972.  Therefore, it is reasonable to establish that the applicant served in the RVN for approximately 7 months between April and November 1972.

2.  Based on his 7 months of service in the RVN, he is eligible for the VSM with one bronze service star, RVN Campaign Medal with Device (1960), and RVN Gallantry Cross with Palm Unit Citation.  As a result, it would be appropriate to correct items 12f, 26, and 27 of his DD Form 214 to document his service in the RVN and to add the awards he is eligible for based on this service.

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 amending his DD Form 214 as follows:

	a.  item 18f – deleting the current entry and replacing it with the entry "0000  07  00";

	b.  item 26 – adding the Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.  item 27 – adding the entry "VIETNAM SERVICE 19720403-19721104)."



      ____________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)                                         AR20110004770



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ABCMR Record of Proceedings (cont)                                         AR20110004770



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