IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110011836 


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:

	a.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam (RVN), to show the Vietnam Service Medal (VSM) in lieu of the Armed Forces Expeditionary Medal (AFEM), and to show the RVN Campaign Medal with Device (1960); and 

	b.  correction of his DA Form 20 (Enlisted Qualification Record) to show he typed 70 words per minute and to show his security clearance was "TS/C," not "TS."   

2.  He states the entries for some reason were not placed on the records of discharged personnel at the time, and he cannot obtain Department of Veterans Affairs (VA) benefits without a corrected copy of his DD Form 214.

3.  He provides his DD Form 214 and DA Form 20.

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 25 February 1964.  After completing initial entry training, he was awarded military occupational specialty (MOS) 710 (Clerk), and later served in MOS 71B (Clerk-Typist).

3.  A DA Form 2784 (Request for and Results of Personnel Security Action), dated 12 April 1965, shows he underwent a background investigation for clearance and/or access to top secret (TS) information.  The form shows the investigation revealed no unfavorable information.

4.  A DA Form 873 (Certificate of Clearance and/or Security Determination under [Executive Order] 10450) shows he was authorized access to TS information with an interim clearance granted on 4 February 1966 and final clearance granted on 26 April 1966.

5.  His DA Form 20 shows in:

* item 19 (Investigations and Clearances) the handwritten entry "TS"
* item 25 (Other Tests) the entry "TYPES" in the "Test" column, no entry in the "Score" column, and "WPM" (words per minute) in the "Group" column
* item 31 (Foreign Service) he was credited with service in Vietnam from 6 August 1964 through 1 August 1965 
* item 38, he was assigned to the Strategic Army Communications Station (later redesignated the U.S. Army Strategic Communications Command Facility) in Vietnam from 10 August 1964 to 31 July 1965

6.  His record is void of documentation showing he received a "TS/C" security clearance.

7.  His record is void of documentation showing his score on a typing test.

8.  He was honorably released from active duty on 15 February 1967.  The DD Form 214 issued at that time shows in:

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* AFEM
* Good Conduct Medal (First)
* Marksman Marksmanship Qualification Badge (Rifle M-1)
* two Overseas Service Bars
* Army Commendation Medal

	b.  item 22c (Foreign and/or Sea Service) he served in the U.S. Army Pacific (USARPAC) for 1 year, 10 months, and 5 days.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  The regulation did not provide for an entry on the DD Form 214 specifying an individual had served in Vietnam.  

10.  An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Indochina and Korea service on or after 5 August 1964 in item 30 (Remarks) of the DD Form 124 by entering inclusive dates of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea.  To show Vietnam service only, e.g., enter "Vietnam -- 25 Apr 71 thru 28 May 71, Indochina -- Yes, Korea -- No."

11.  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 VSM 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.

12.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with two campaigns:  

* Vietnam Advisory Campaign (15 March 1962 - 7 March 1965)
* Vietnam Defense Campaign (8 March - 24 December 1965)

13.  Army Regulation 600-8-22 states 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.  

14.  A review of the available records indicates entitlement to additional awards and decorations not shown on his DD Form 214.

15.  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 the U.S. Army Strategic Communications Command Facility, Vietnam, was cited for award of the Meritorious Unit Commendation (MUC) for the period November 1964 to May 1965, by Department of the Army General Orders (DAGO) Number 42, dated 1965.

16.  DAGO 8, dated 1974, announced award of the RVN 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for corrections to his DA Form 20.  At the time of his military service, information such as an individual's security clearance and results of vocational testing were entered on DA Form 20.  After a Soldier is discharged, this form is not normally accessible by individuals other than the Soldier and making corrections to the form generally provides no benefit.  In the absence of evidence showing mistakes or omissions on the form have resulted in inequity or injustice, he is not entitled to corrections to his DA Form 20.  Of note are the facts that there is no evidence showing he received a "TS/C" clearance and that his record does not include documentation showing his score on a typing test.

2.  The evidence of record shows the applicant was awarded the AFEM for his service in Vietnam, and he now desires correction of his record to show the VSM in lieu of the AFEM.  He completed a qualifying period of service in Vietnam for award of the VSM, and he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to remove the AFEM and to add the VSM with two bronze service stars.  

3.  He completed a qualifying period of service in Vietnam for award of the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  He was assigned to a unit in Vietnam during a period for which it was cited for award of the MUC and RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  When he was released from active duty, the regulation governing preparation of the DD Form 214 did not require an entry specifying service in Vietnam.  However, a later revision of the regulation provided for recording Vietnam service in the "Remarks" section of the form.  There would be no harm in adding such an entry to item 30 of his DD Form 214, and it would be appropriate to do so at this time.

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 making the following deletion and additions to his DD Form 214:  

	a.  delete the AFEM from item 24;

	b.  add to item 24 the:

* VSM with two bronze service stars
* RVN Campaign Medal with Device (1960)
* MUC
* RVN Gallantry Cross with Palm Unit Citation

	c.  add to item 30 the entry "Vietnam -- 6 Aug 1964 thru 1 Aug 1965, Indochina -- Yes, Korea -- No."




2.  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 correction of his DA Form 20 to show he typed 70 words per minute and to show his security clearance was "TS/C."



      _______ _   __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)                                         AR20110011836





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ABCMR Record of Proceedings (cont)                                         AR20110011836



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