IN THE CASE OF:	  

		BOARD DATE:	 23 May 2012

		DOCKET NUMBER:  AR20110022978


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 foreign service in the Republic of Vietnam.

2.  The applicant states he served in the Republic of Vietnam from May 1965 to May 1966.

3.  The applicant provides a DD Form 214, for the period ending 18 June 1968, and a Standard Form Number 1012 (Travel Voucher).

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 17 November 1961.  He completed training and was awarded military occupational specialties (MOS) 11C (Indirect Fire Infantryman), 36A (Wireman), and 57H (Cargo Specialist).

3.  On 28 August 1964, he was honorably discharged for the purpose of immediate reenlistment.  On 29 August 1964, he reenlisted in the Regular Army for a 3-year period.

4.  On 28 August 1967, he was honorably discharged for the purpose of immediate reenlistment.  On 29 August 1967, he reenlisted in the Regular Army for a 6-year period.  Item 22c (Statement of Service – Foreign and/or Sea Service) of the DD Form 214 he was issued shows he was credited with the completion of 3 years of foreign and/or sea service during this period of active duty. 

5.  On 18 June 1968, he was discharged from the Army under honorable conditions.  The highest rank/pay grade he attained during his military service was sergeant/E-5.

6.  His DA Form 20 (Enlisted Qualification Record) contains the following entries:

* Item 31 (Foreign Service) shows he served in the Republic of Vietnam from on or about 29 May 1965 to on or about 12 May 1966  
* Item 38 (Record of Assignments) shows he was assigned to the 155th Transportation Company during his service in the Republic of Vietnam
* Item 41 (Awards and Decorations) shows he was awarded the Armed Forces Expeditionary Medal (AFEM), identified as “AFEM (Vietnam)”

7.  None of the DD Forms 214 contained within his record specifically mentions his foreign service in the Republic of Vietnam; however his DD Form 214 for the period ending 28 August 1967 shows he was awarded the AFEM.  

8.  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.  It stated for item 30 (Remarks), indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  As an example, to show service in Vietnam only, enter "Vietnam - 25 April 1970 through 28 May 1971, Indochina - Yes, Korea - No."

9.  A review of his records indicates his entitlement to awards which are not shown on his DD Form 214.
10.  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.  

11.  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 155th Transportation Company, his unit of assignment in the Republic of Vietnam, was cited for the following awards during the period in which he was assigned:

* Meritorious Unit Commendation, for the period 22 February 1966 through 6 March 1967, by Department of the Army General Orders (DAGO) Number 1, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February 1962 to 28 March 1973, by DAGO Number 8, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the Republic of Vietnam from on or about 29 May 1965 to on or about 12 May 1966.  The governing regulation in effect at the time required the annotation of service in the Republic of Vietnam in item 30 of the DD Form 214; however, his DD Form 214 that covers this period contains no such entry.  Therefore, he is entitled to correction of his DD Form 214 to show this period of foreign service.  

2.  As a related issue, the applicant is entitled to correction of his DD Form 214 to show the awards and decorations he is entitled to for his service in the Republic of Vietnam.

3.  He served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960), which is not shown on his DD Form 214 covering his period of service in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214, for the period ending 28 August 1967, to show this award.

4.  General orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, neither of which is shown on his DD Form 214 covering his period of service in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214, for the period ending 28 August 1967, to show these unit awards.
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 his DD Form 214, for the period ending 28 August 1967, to add the following awards:

* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

   b. Amending item 30 of his DD Form 214, for the period ending 28 August 1967, to add the entry "Vietnam - 29 May 1965 to 12 May 1966, Indochina - Yes, Korea - No."




      _______ _   __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)                                         AR20110022978



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