IN THE CASE OF:	  

		BOARD DATE:	  21 June 2012

		DOCKET NUMBER:  AR20110025084 


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 award of the Vietnam Service Medal and Republic of Vietnam (RVN) Campaign Medal with Device (1960) and his dates of service in the RVN.

2.  The applicant states he did not realize the information was missing from his DD Form 214 until it was brought to his attention by a veterans' services officer while applying for health care benefits.

3.  The applicant provides his DD Form 214 and several letters written to his parents while he was serving in the RVN.

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 19 September 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 13A (Field Artillery Basic).

3.  Special Orders Number 341 issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO, dated 7 December 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he was credited with service in the RVN from 30 December 1967 through 11 September 1968, a period of 8 months and 13 days.  This form also shows he was assigned to Battery A, 1st Battalion, 84th Artillery Regiment, 9th Infantry Division, U.S. Army Pacific (USARPAC).

5.  He was honorably released from active duty on 12 September 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  The highest rank/grade he attained during this period of service was specialist four/E-4.  His DD Form 214 shows he completed 1 year, 11 months, and 24 days of creditable active service during this period.

	a.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 8 months and 1 day of foreign service in the USARPAC theater.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Good Conduct Medal and National Defense Service Medal.

	c.  Item 30 (Remarks) of his DD Form 214 does not contain an entry indicating service in the RVN.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military 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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

	b.  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.

7.  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 1st Battalion, 84th Artillery Regiment, 9th Infantry Division, the unit to which the applicant was assigned, was cited for award of the:

	a.  RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969, and

	b.  RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969.

8.  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 his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2, in effect at the time, contained guidance on preparation of the DD Form 214:  item 13 showed a member's awards and decorations; item 22c showed 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 in which service was performed, e.g., USARPAC; and item 30 was used for mandatory requirements, when a separate block was not available, and as a continuation entry.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.


2.  He served a qualifying period of service for entitlement to the Vietnam Service Medal.  He also participated in four campaigns during his service in Vietnam.  Therefore, he is authorized the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show this award.

3.  The applicant's unit in the RVN was awarded two unit awards during his period of assignment.  Therefore, his DD Form 214 should be corrected to show the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

4.  He also served a qualifying period of service for the RVN Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

5.  The evidence shows the applicant arrived in the RVN on or about 30 December 1967 and he served in the RVN until on or about 11 September 1968, a period of 8 months and 13 days.  Item 22c of his DD Form 214 should be corrected to reflect 8 months and 13 days vice 8 months and 1 day.  Further, there is no harm to the Army or the Soldier if his period of service in the RVN is annotated in item 30 of his DD Form 214.

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.  deleting the entry "0  8  1" from item 22c of his DD Form 214 and replacing it with "0  8  13";

	b.  adding the following awards to item 24 of his DD Form 214:

* Vietnam Service Medal with four bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

	c.  adding the entry "Vietnam:  30 December 1967-11 September 1968" to item 30 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)                                         AR20110025084



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ABCMR Record of Proceedings (cont)                                         AR20110025084



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