IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110013201


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 his dates of service in the Republic of Vietnam and any associated medals or badges that were excluded from his original DD Form 214.

2.  The applicant states:

* in December 1963, he was assigned to Military Advisory Team 96,          IV Corps, Can Tho, South Vietnam
* upon arrival, his unit was designated as Military Assistance Advisory Group (MAAG) Team 96, later redesignated as Military Assistance Command – Vietnam (MACV)
* he was assigned to that command until his departure on 26 May 1964
* while his DD Form 214 does reflect his assignment with MACV, it does not reflect his dates of service in the Republic of Vietnam through any normal awards, medals, ribbons, or badges
* he would like to be able to show his service in the Republic of Vietnam by the normal awards and recognition received by all other in-country Vietnam veterans

3.  The applicant provides:

* DD Form 214
* DA Form 24 (Service Record)
* a foreign document, not translated, containing the applicant's picture
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 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 5 June 1961.  He attended basic combat and advanced individual training.  After initial service in military occupational specialty (MOS) 111.00 (Light Weapons Infantryman), he was reclassified into MOS 717.10 (Clerk Typist, later renamed Administrative Specialist).  

3.  Section 5 (Service Outside Continental United States) of his DA Form          24 shows he served in the Republic of Vietnam, from on or about 17 December 1963 to on or about 26 May 1964.  During this time he was assigned to:

* U.S. Army Element MAAG, from on or about 17 December 1963 to on or about 14 May 1964
* MACV, from on or about 15 May 1964 to on or about 26 May 1964

4.  On 27 May 1964, he was honorably released from active duty.  His DD Form 214 shows he completed 2 years, 11 months, and 23 days of total active service, including 1 year, 5 months, and 28 days of foreign service in the U.S. Army Pacific (USARPAC) Theater of operations.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Armed Forces Expeditionary Medal.

5.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 18 September 1992, amended item 26 of his DD Form 214 by adding the Army Good Conduct Medal and the National Defense Service Medal. 

6.  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 its preparation.  It stated that item 24c would show 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 service was performed (e.g., USARPAC, etc.).  Additionally, it stated that item 32 (Remarks) was used for Department of the Army mandatory requirements when a separate block was not available and as a continuation entry; however, it did not mandate an entry to document service in the Republic of Vietnam, as was the case with future editions.

7.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal 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 Armed Forces Expeditionary Medal 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 Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal 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 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.  Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam.

9.  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.  

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 of assignment in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February 1962 to 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in Vietnam for a period of 5 months and 9 days, from on or about 17 December 1963 to on or about 26 May 1964.  The governing regulation in effect at the time did not require a separate entry for service in Vietnam; however, as a matter of equity, it would be appropriate to amend item 32 of his DD Form 214 to add "SERVICE IN USARPAC (VIETNAM) FROM 17 DECEMBER 1963 TO 26 MAY 1964."

2.  General orders awarded his unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period in which he was assigned to the unit; therefore, he is entitled to correction of his DD Form 214 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 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:

   a. amending item 26 of his DD Form 214 to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   b. amending item 32 of his DD Form 214 to add the entry "SERVICE IN USARPAC (VIETNAM) FROM 17 DECEMBER 1963 TO 26 MAY 1964."



      _______ _   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)                                         AR20100017975



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ABCMR Record of Proceedings (cont)                                         AR20110013201



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