IN THE CASE OF:	  

		BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110006648 


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 show he served in the Republic of Vietnam (RVN) and his award of the Vietnam Service Medal (VSM).

2.  He states that his DD Form 214 shows 11 months and 23 days of foreign service, but it does not show the location of his foreign service.

3.  He provides his DD Form 214 and 10 photographs.

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 29 April 1968 for a period of
2 years.  He completed training and he was awarded military occupational specialty 95B (military police).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in the U.S. Army, Pacific (USARPAC) - Vietnam from 24 September 1968 through 17 September 1969.

	b.  Item 38 (Record of Assignments) he was assigned to the 127th Military Police Company, 93rd Military Police Battalion during his service in the RVN.

4.  He was honorably released from active duty (REFRAD) on 28 January 1970 having completed 1 year and 9 months of total active service.

5.  Item 22c (Foreign and/or Sea Service) of the DD Form 214 he was issued at the time of his REFRAD shows he was credited with 11 months and 23 days of foreign service.  However, it does not show the last overseas theater where his foreign service was performed.  Additionally, item 30 "Remarks" of his
DD Form 214 does not show he served in the RVN.

6.  Army Regulation 635-5 (Separation Documents) in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  Section III instructed the preparer to enter the total period of active duty outside the continental limits of the United States for the period covered by the
DD Form 214 and the last overseas theater where service was performed, e.g., "(USARPAC)" in item 22c.  Also, enter inclusive dates of service in item 30, example:  "Vietnam - 25 April 1970 to 28 May 1971."

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the VSM.  This 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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
8.  A review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 provides for award of the RVN Campaign Medal with Device (1960).  This medal was awarded by the Government of the RVN to all members of the Armed Forces of the United States for qualifying service in 
RVN during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the RVN for 6 months or more.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from
24 September 1968 through 17 September 1969.  Therefore, he is entitled to correction of his DD Form 214 to show his RVN period of service.

2.  He served a period of qualifying service for entitlement to the VSM.  He also participated in four campaign phases during his service in the RVN.  Therefore, he is entitled to the VSM with four bronze service stars and correction of his
DD Form 214 to show this award.

3.  The applicant served during a qualifying period of service for entitlement to the RVN Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

4.  All units in the RVN were awarded the RVN Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, 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 to item 22c of his DD Form 214 the entry "USARPAC";

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

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  adding to item 30 of his DD Form 214 the entry "Vietnam:  24 September 1968 through 17 September 1969."



      ____________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)                                         AR20110006648



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ABCMR Record of Proceedings (cont)                                         AR20110006648



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