BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110021190 


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 his Vietnam service be acknowledged on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he served in Vietnam, but his DD Form 214 does not reflect this service.  It is important for him to receive credit for Department of Veterans Affairs (VA) benefits.  He wants the location and all pertinent awards recorded.

3.  The applicant provides his DD Form 214 for the period 5 May 1964 to 28 April 1966.

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 was inducted into the Army of the United States for 2 years on 5 May 1964.  He was trained as a supply clerk, military occupational specialty (MOS) 76A.  Following training, he served in Greenland from on or about 13 April 1965 to on or about 29 July 1965.  He was ultimately reassigned to the Headquarters and Headquarters Company, 10th Aviation Battalion, Fort Benning, GA.

3.  The applicant was reassigned to Vietnam with the 134th Aviation Company on a unit transfer.  His DA Form 20 (Enlisted Qualification Record) shows he arrived in-country on or about 1 December 1965, and departing Vietnam on or about
26 April 1966 en route to the United States for separation processing.

4.  The applicant was released from active duty at Oakland Army Base, CA on 28 April 1966.  He was issued a DD Form 214 that shows in:

* item 12 (Last Duty Assignment and Major Command) - "134TH AVIATION CO APO 96291 USARV" (134th Aviation Company, Army Post Office 96291 U.S. Army, Vietnam)
* item 24c (Foreign and/or Sea Service) - 8 months and 15 days
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - "RIFLE (M-14) EXPERT

5.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:


* Vietnam Defense Campaign, 8 March 1965 – 24 December 1965
* Vietnam Counteroffensive, 25 December 1965 – 30 June 1966

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214.  It stated item 24c will be completed by entering the total active duty service outside the Continental United States and the last overseas theater service was performed, e.g. USARV for service in Vietnam.

8.  Army Regulation 635-5, in effect since 30 September 2000, states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in the Remarks section.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his Vietnam awards and his Vietnam service be reflected on his DD Form 214.

2.  Item 24c was the area designated by the regulation in effect at the time to record foreign service.  Therefore, the last overseas theater – in this case USARV – should be entered in the space before the "years, months, days."

3.  Although there was no provision to record deployed service in the Remarks section of the DD Form 214 prior to September 2000, there are provisions for doing so now.  Therefore, there would be no harm in reflecting his Vietnam service in item 32 (Remarks) of his DD Form 214.

4.  His DD Form 214 only reflects his marksmanship qualification badge.  However, he is entitled to the National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.

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:

* adding to item 24c of his DD Form 214 the entry "USARV"
* adding to item 26 of his DD Form 214:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding to item 32 of his DD Form 214 the entry "SERVICE IN VIETNAM FROM 19651201 - 19660426."



      __________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)                                         AR20110021190



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ABCMR Record of Proceedings (cont)                                         AR20110021190



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