IN THE CASE OF:	  

		BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110024767 


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.

2.  He states he would like the clerical error corrected so he may apply for Agent Orange-related veterans' benefits.

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 was inducted into the Army of the United States on 23 September 1966.  After completing initial entry training, he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic) and he later served in MOS 13E (Cannon Fire Direction Specialist) and MOS 13B (Cannon Crewmember).

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

* item 29 (Qualification in Arms) that he qualified as Marksman with the 
M-14 rifle and as Sharpshooter with the M-16 rifle
* item 31 (Foreign Service) that he was credited with service in Vietnam from 10 January to on or about 15 September 1968
* item 38 (Record of Assignments) that he was assigned to duty in Vietnam with Battery C, 3d Battalion, 34th Artillery, 9th Infantry Division, U.S. Army Pacific (USARPAC), from 21 January to 13 September 1968

4.  On 15 September 1968, he was honorably released from active duty after completing 1 year, 11 months, and 23 days of total active service.

5.  His DD Form 214 shows in:

* item 22c (Foreign and/or Sea Service) he completed 8 months and 5 days of foreign service in an unspecified theater
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and Army Good Conduct Medal

6.  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 did not provide for an entry on the DD Form 214 specifying that an individual had served in Vietnam.  It 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)."

7.  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 the 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."

8.  As a related matter, a review of his record indicates entitlement to additional awards not listed on his DD Form 214.

9.  On 2 May 1968, Headquarters, 9th Infantry Division, issued General Orders Number 3192 awarding him the Army Commendation Medal (ARCOM) with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam (RVN) on 18 March 1968.

10.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal (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.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

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

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)

12.  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.

13.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual qualified.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 3d Battalion, 34th Artillery, was cited for award of the:

* Presidential Unit Citation (PUC) for the period 29 January to 4 March 1968 by Department of the Army General Orders (DAGO) 45, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by DAGO 31, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  When the applicant was released from active duty, the regulation governing preparation of the DD Form 214 did not require an entry specifying service in Vietnam, but it did require entry of the last overseas theater in which service was performed in item 22c.  He is entitled to correction of item 22c to show he served in USARPAC.

2.  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.  There would be no harm in adding such an entry to his DD Form 214, and it would be appropriate to do so at this time.

3.  His record includes general orders awarding him the ARCOM with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  His service meets the criteria for award of the VSM and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the VSM with four bronze service stars.

5.  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.

6.  He qualified as Sharpshooter with the M-16 rifle and as Marksman with the 
M-14 rifle.  Therefore, he is entitled to correction of his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  He served in a unit in Vietnam during a period for which the unit was cited for award of the PUC, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 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.  adding the following awards to his DD Form 214:

* ARCOM with "V" Device
* VSM with four bronze service stars
* RVN Campaign Medal with Device (1960)
* PUC
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

	b.  adding "USARPAC" to item 22c of his DD Form 214; and

	c.  adding the entry "Vietnam – 10 Jan 68 thru 13 Sep 68, Indochina – Yes, Korea – No" to the Remarks section of his DD Form 214.



      ____________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)                                         AR20110024767



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ABCMR Record of Proceedings (cont)                                         AR20110024767



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