IN THE CASE OF:	  

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110015147 


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 Vietnam from June 1968 to June 1969 and to show the "Vietnam Campaign Ribbon."

2.  He states the "Vietnam Campaign Ribbon" is not shown on his DD Form 214 and the form does not show he served in Vietnam.

3.  He provides 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 enlisted in the Regular Army on 15 May 1967.  After completing initial entry training, he was awarded military occupational specialty 72C (Central Office Switchboard Operator).

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

* item 31 (Foreign Service) he was credited with service in the U.S. Army Pacific (USARPAC) (Vietnam) from 16 June 1968 through 11 June 1969
* item 38 (Record of Assignments) he was assigned for duty in USARPAC with the U.S. Army Strategic Communication Facility, Phu Lam, Vietnam, from 21 June 1968 to 10 June 1969
* item 41 (Awards and Decorations) he was authorized the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and Republic of Vietnam (RVN) Campaign Medal with Device (1960)

4.  He was honorably released from active duty on 15 February 1970 by reason of early release to attend school after completing 2 years, 9 months, and 1 day of total active service.  The DD Form 214 issued at that time shows in:

* item 22c (Foreign and/or Sea Service) he completed 11 months and 25 days of service in USARPAC
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was authorized the NDSM and Marksman Marksmanship Qualification Badge (M-14 Rifle) 

5.  Army Regulation 600-8-22 (Military Awards) states the VSM 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.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

6.  The Vietnam campaigns are listed in appendix B of Army Regulation 
600-8-22.  His record shows his service in Vietnam coincided with five campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

7.  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.  

8.  Department of the Army General Orders Number 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.

9.  Army Regulation 600-8-22 does not provide for a decoration titled "Vietnam Campaign Ribbon."

10.  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.  

11.  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."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service meets the criteria for award of the VSM, and he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the VSM with one silver service star.

2.  His service meets the criteria 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.

3.  He served in a unit in Vietnam during a period for which the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  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.

5.  Army Regulation 600-8-22 does not provide for a decoration titled "Vietnam Campaign Ribbon" and this portion of the applicant's request should be denied.

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:

	a.  adding to item 24 of his DD Form 214:

* VSM with one silver service star
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation

	b.  adding to item 30 of his DD Form 214 the entry "Vietnam -- 16 Jun 1968 thru 11 Jun 1969, 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 the "Vietnam Campaign Ribbon."  



      _______ _   _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)                                         AR20110015147





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ABCMR Record of Proceedings (cont)                                         AR20110015147



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