IN THE CASE OF:	 

		BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120004545


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 service in the Republic of Vietnam.  

2.  The applicant states he was on the ground in the Republic of Vietnam for almost a year; he arrived on 1 April 1966 and left on 8 March 1967.

3.  The applicant 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 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 15 February 1965.  He completed training and was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).
3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 17 March 1966 to on or about          5 March 1967.  During this period of service he was assigned to Headquarters and Headquarters Company, 25th Supply and Transport Battalion, 25th Infantry Division.

4.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM), shown as the "VNSM"
* Republic of Vietnam Campaign Medal with Device (1960), shown as the "VCM"
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  On 14 February 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed    3 years of total active service, including 11 months and 18 days of foreign service in the U.S. Army Pacific (USARPAC) theater of operations.  Additionally, item   24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* NDSM
* VSM, shown as the "VNSM"
* Army Good Conduct Medal with 1 loop
* 1 overseas service bar

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It is important that information entered on the form should be complete and accurate.  Section III of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  It stated that:

   a. Item 22c (Statement of Service – Foreign and/or Sea Service) would show the total active service performed outside the continental limits of the U.S., for the period covered by the DD Form 214, and the last overseas theater service in which the service was performed (e.g., USARPAC (U.S. Army Pacific), USARV, etc.); and


   b. Item 30 (Remarks) was used for Department of the Army mandatory requirements when a separate block was not available and as a continuation entry; however, it did not mandate an entry to document service in the Republic of Vietnam, as was the case with future editions.

7.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960), also known as the Vietnam Campaign Medal, 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.  

9.  Army Regulation 600-8-22 states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following campaigns: 

* Vietnam Counteroffensive  (25 December 1965 – 30 June 1966)
* Vietnam Counteroffensive, Phase II  (1 July 1966 – 31 May 1967)

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 that his unit of assignment in the Republic of Vietnam, the 25th Supply and Transport Battalion, was cited for award of the:

* Meritorious Unit Commendation (MUC), for the period 1 January 1966 through 31 December 1966, by Department of the Army General Orders (DAGO) Number 17, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 March 1966 through 31 August 1968, by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 31 March 1966 through 21 January 1970, by DAGO Number 51, dated 1971

11.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the Republic of Vietnam from on or about 17 March 1966 to on or about 5 March 1967, a period of 11 months and 18 days.  This period of service is reflected in item 22c of his DD Form 214.  The governing regulation in effect at the time did not require a separate entry in item 30 for service in the Republic of Vietnam; however, as a matter of equity, it would be appropriate to amend item 30 of his DD Form 214 to add "SERVICE IN USARPAC (VIETNAM) FROM 17 MARCH 1966 TO 5 MARCH 1967."

2.  As related issues, the applicant is authorized additional awards.

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; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  He participated in 2 campaigns during his service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show 2 bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

5.  General orders awarded his unit of assignment in the Republic of Vietnam the MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned to the unit.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

6.  The applicant served in Vietnam from on or about 17 March 1966 to on or about 5 March 1967, a period of nearly 12 months.  This period of service entitled him to two overseas service bars and he should have his DD Form 214 corrected accordingly. 




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 item 24 of his DD Form 214 to delete the VSM and one overseas service bar; and

b. amending item 24 of his DD Form 214 to add the:

* Republic of Vietnam Campaign Medal with Device (1960)
* VSM with 2 bronze service stars
* MUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Two overseas service bars

   c. amending item 30 of his DD Form 214 to add the entry "SERVICE IN USARPAC (VIETNAM) FROM 17 MARCH 1966 TO 5 MARCH 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)                                         AR20100017975



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ABCMR Record of Proceedings (cont)                                         AR20120004545



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