BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110006355
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 Transfer or Discharge) to show his dates of service in the Republic of Vietnam (RVN).
2. The applicant states he served in the RVN and his DD Form 214 does not show his overseas service and location. He needs this information to be tested for exposure to Agent Orange.
3. The applicant provides a copy of his DD Form 214.
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 24 June 1969. Headquarters, U.S. Army Vietnam, Special Orders 341, dated 7 December 1969, show he arrived in the RVN on 6 December 1969 and was assigned to the 6th Battalion, 32d Field Artillery, 8th Infantry.
3. Headquarters, 6th Battalion, 32d Artillery, Special Orders Number 212, dated 10 December 1969, show the applicant was further reassigned to Battery B within that same organization.
4. Headquarters, 6th Battalion, 32d Artillery, Special Orders Number 274, dated 7 December 1970, reassigned him to the U.S. Army Personnel Command, Fort Lewis, Washington with a date of expected return from overseas of on or about 27 December 1970.
5. On 28 December 1970, the applicant was honorably released from active duty.
6. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows the entry, "USARPAC NVAL" [U.S. Army Pacific not available]. Item 30 (Remarks) shows the entry, "VN [Vietnam] SERVICE: NVAL."
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal.
8. The applicant's DA Form 20 (Enlisted Qualification Record) is not available.
9. Records show he participated in following three campaigns during his assignment in the RVN:
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
10. 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 his unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 based on Department of the Army General Orders Number 54, dated 1974.
11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
b. The RVN 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his dates of service in Vietnam.
2. Orders show he arrived in RVN on 6 December 1969 and departed on or about 27 December 1970, a total of 1 year and 22 days. Absent any evidence to the contrary, 27 December 1970 is accepted as his date of departure. Therefore, item 22c should be corrected to show he completed 1 year and 22 days in USARPAC. Also, item 30 should be corrected to show his dates of service in the RVN.
3. Based on his service in RVN, he is entitled to award of the Vietnam Service Medal with three bronze service stars and the RVN Campaign Medal with Device (1960).
4. His unit was awarded the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.
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. deleting the entries from item 22c,
b. adding the entries "USARPAC" and "01 00 22" to item 22c,
c. deleting the entry "VN SERVICE: NVAL" from item 30,
d. adding the entry "VIETNAM SERVICE: 691206-701227" to item 30, and
e. add the following awards to item 24:
* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
__________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) AR20110006355
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ABCMR Record of Proceedings (cont) AR20110006355
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