IN THE CASE OF:	  

		BOARD DATE:  24 April 2012

		DOCKET NUMBER:  AR20110019720 


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 reflect his Vietnam service and all related awards or decorations.

2.  The applicant states his DD Form 214 does not list his Vietnam service or awards. 

3.  The applicant provides his DD Form 214 and a certificate of safety.

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’s records show he enlisted in the Regular Army on 24 August 1965 and he held military occupational specialty 64B (Heavy Vehicle Driver).  
3.  The applicant's records also show he served in Vietnam with the 61st Transportation Company from on or about 2 April 1966 to 1 April 1967.  

4.  He also served with multiple units in the U.S. Army Alaska (USARAL) from on or about 25 May 1967 to 7 August 1968.

5.  General Orders (GO) Number 41, issued by Headquarters, USARAL Yukon Command and Fort Wainwright, AK, dated 5 August 1968, awarded him the Army Good Conduct Medal (1st Award).

6.  He was honorably released from active duty on 11 August 1968.  The 
DD Form 214 he was issued shows in:

   a.  Item 22c (Foreign and/or Sea Service) shows he completed 2 years,
2 months, and 16 days of foreign service in the USARAL.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Safe Driver Badge
* Two Overseas Service Bars

   c.  Item 30 (Remarks) does not show he served in Vietnam 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  Item 13 shows a member's awards and decorations; item 22c shows 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 service was performed, e.g. "USARV" (U.S. Army Vietnam); and item 30 is used for mandatory requirements, when a separate block is not available, and as a continuation entry.

8.  Army Regulation 600-8-22 (Military Awards) provides for the following 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.  Appendix B shows during the applicant's service in Vietnam, participation credit for the Vietnam Counteroffensive (25 December 1965 - 30 June 1966) and the Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

   c.  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. 

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service in Vietnam with the 61st Transportation Company, the unit was awarded the:

   a.  Meritorious Unit Commendation for service from August 1965 to June 1966 based on Department of the Army General Orders (DAGO) Number 17, dated 1968.

   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in Vietnam.

2.  The applicant served in Vietnam from on or about 2 April 1966 to 1 April 1967. He also served in USARAL from on or about 25 May 1967 to 7 August 1968. His DD Form 214 correctly lists his last major overseas theater/command.  Nevertheless, there will be no harm to the Army or the applicant if his Vietnam service is also listed in item 30 of his DD Form 214. 

3.  Based on his period of Vietnam service he is entitled to award of the Vietnam Service Medal; he also participated in two campaigns during this period of service.  Therefore, he is also entitled to two bronze service stars to be worn with the Vietnam Service Medal and correction of his DD Form 214 to show these awards.
4.  He also served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with "1960" Device and should have his DD Form 214 corrected to show award.

5.  DAGOs awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation during the time he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  GO also awarded him the Army Good Conduct Medal (1st Award).  Therefore, his DD Form 214 should be corrected to show this 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 amending his DD Form 214 by:

   a.  adding to item 24 the Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with "1960" Device, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 
   
   b.  adding to item 30 "Service in Vietnam 2 April 1966 to 1 April 1967."


      _______ _   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)                                         AR20110019720



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ABCMR Record of Proceedings (cont)                                         AR20110019720



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