IN THE CASE OF:	  

		BOARD DATE:	  30 August 2012

		DOCKET NUMBER:  AR20120003650 


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 dates of service in Vietnam.

2.  The applicant states his DD Form 214 should have listed his service in Vietnam. 

3.  The applicant provides:

* reassignment orders
* 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 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 5 October 1966.

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

* he arrived in Vietnam on 2 January 1968
* he served as a cannoneer assigned to Battery B, 1st Battalion, 84th Artillery, 9th Infantry Division, in Vietnam from 16 January 1968 to 26 August 1968

4.  Records show he participated in four campaigns during his assignment in Vietnam.

5.  Headquarters, 9th Infantry Division, Special Orders Number 6251, dated 31 July 1968, show he was awarded the Army Good Conduct Medal (1st Award).

6.  On 27 August 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

7.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal.

8.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows his foreign service as 7 months and 26 days.

9.  Item 30 (Remarks) of his DD Form 214 does not show any service in Vietnam.

10.  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 1st Battalion, 84th Artillery, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 in Department of the Army General Orders (DAGO) 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 in DAGO 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 February 1968 to 16 August 1969 in DAGO 51, dated 1971

11.  Army Regulation 600-8-22 (Military Awards) states 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.  The regulation states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

12.  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.

13.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the Remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The entries on his DA Form 20 which show he served in Vietnam from 2 January 1968 to 26 August 1968 are accepted as sufficient evidence on which to add the entry "Vietnam Service:  2 January 1968 to 26 August 1968" to item 30 of his DD Form 214.

2.  As a related issue, based on his service in Vietnam and participation in four campaigns, he is authorized the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Orders show he received the first award of the Army Good Conduct Medal.  His DD Form 214 should be corrected to show this medal.

4.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 should be corrected 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:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

	b.  adding the entry "Vietnam Service:  2 January 1968 to 26 August 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)                                         AR20120003650



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ABCMR Record of Proceedings (cont)                                         AR20120003650



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