IN THE CASE OF:	  

		BOARD DATE:	    22 May 2012

		DOCKET NUMBER:  AR20110023036 


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 and to show the awards and decorations he earned during his service in Vietnam.

2.  He states his DD Form 214 shows he served in U.S. Army Europe (USAREUR), and it does not list his Army Commendation Medal (ARCOM) or other medals he earned for service in Vietnam such as the Vietnam Service Medal (VSM) and Republic of Vietnam (RVN) Campaign Medal with Device (1960).  These errors may affect his ability to receive benefits associated with his service in Vietnam, and for that reason he would like his DD Form 214 to be amended to reflect a true record of his service to his country.

3.  He provides orders, his DD Form 214, an Honorable Discharge Certificate, and his ARCOM citation.

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 in the Army of the United States on 14 December 1965.  After completing initial entry training, he was awarded military occupational specialty (MOS) 91A (Medical Corpsman) and later served in MOS 91B (Medical Noncommissioned Officer).

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

	a.  in item 31 (Foreign Service) he was credited with service in Vietnam from 11 July 1966 to 4 July 1967;

	b.  in item 38 (Record of Assignments) he was assigned to the 736th Medical Detachment (Military Provincial Health Assistance Program) and attached to the U.S. Military Assistance Command Vietnam (MACV), U.S. Army Pacific (USARPAC), from 16 July 1966 to 3 July 1967; and

	c.  in item 41 (Awards and Decorations) he was authorized the:

* Vietnam Service Medal (VSM) (listed twice)
* National Defense Service Medal
* ARCOM
* Army Good Conduct Medal 

4.  On 15 June 1967, Headquarters, MACV, issued General Orders Number 1152 announcing award of the ARCOM to him for meritorious service from July 1966 to June 1967.

5.  On 13 December 1967, he was honorably released from active duty after completing 2 years of total active service.  His DD Form 214 shows in:

* item 22c (Foreign and/or Sea Service) - USAREUR
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal and Army Good Conduct Medal

6.  His DD Form 214 does not show he served in Vietnam.  

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.

	a.  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.  

	b.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with two campaigns:  Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968).

	c.  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.

9.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  The version of the regulation in effect at the time stated for item 22c to enter total active duty outside the continental limits of the U.S. for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)."

10.  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 the "Remarks" section of the form 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 evidence supports the applicant's request for correction of his DD Form 214 to show his service in Vietnam and additional awards and decorations.

2.  The entry "USAREUR" in item 22c of his DD Form 214 is an error.  

	a.  He did not serve in USAREUR, but he did complete a tour of duty in the USARPAC theater of operations.  He is entitled to correction of item 22c to show "USARPAC."  

	b.  A later revision of the regulation governing preparation of the DD Form 214 provided for recording Vietnam service in the "Remarks" section of the form.  While this was not a required entry when he was released from active duty in 1963, there would be no harm in adding such an entry to item 32 (Remarks) of his final DD Form 214.

3.  General orders announced award of the ARCOM to him for meritorious service.  He is entitled to correction of his DD Form 214 to show this award.

4.  He completed a qualifying period of service for award of the VSM and served during two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show the VSM with two bronze service stars.  

5.  His service met 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.

6.  The applicant served in a subordinate unit of MACV during the period cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his record 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 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 making the following corrections to his DD Form 214:

	a.  delete "USAREUR" from item 22c and

	b.  add to:

		(1) item 22c - USARPAC

		(2) item 24:

* ARCOM
* VSM with two bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation

		(3)  item 30 - Service in Vietnam:  11 July 1966 through 4 July 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)                                         AR20110023036





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110023036



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1