IN THE CASE OF:	  

		BOARD DATE:  25 OCTOBER 2012

		DOCKET NUMBER:  AR20120007774 


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 document his service in the Republic of Vietnam (RVN) and award of the RVN Campaign Medal.

2.  The applicant states his RVN service is not documented on his DD Form 214.

3.  The applicant provides his DD Form 214 in support of his request.

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.  After prior service in the Army National Guard, the applicant enlisted in the Regular Army on 12 October 1961.  He was trained in and awarded military occupational specialty 96B (Intelligence Analyst).
3.  The applicant's DA Form 24 (Service Record) shows he served in the RVN from 2 November 1964 to 23 August 1965 with Headquarters and Headquarters Company (2 November 1964-30 March 1965) and Company B (1 April-23 August 1965), 1st Battalion, 5th Special Forces Group (SFG).  It also shows he earned the following awards:

* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Good Conduct Medal (AGCM) (1st Award)
* Army Commendation Medal (ARCOM)
* Senior Parachutist Badge
* Armed Forces Expeditionary Medal (AFEM)

4.  On 30 August 1965, the applicant was honorably released from active duty in the rank of specialist five/E-5 and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed a total of 3 years, 10 months, and 19 days of active military service of which 9 months and 28 days were served overseas in under the U.S. Army Pacific (USARPAC), which included the RVN.  Item 32 (Remarks) contains no entry regarding RVN service.  With the exception of the basic Parachutist Badge, the awards listed on his DA Form 24 were also listed on his DD Form 214.

5.  Army Regulation 600-8-22 (Military Awards) contains guidance for the RVN Campaign Medal and states it is awarded for service in the RVN for 6 months during the period between 1 March 1961 and 28 March 1973.  It further states the RVN Campaign Medal is awarded with the Device (1960).

6.  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 5th SFG was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 October 1964 through 17 May 1969 in Department of the Army General Orders Number 59, dated 1969.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It stipulates that the DD Form 214 is a summary of a specific period of active duty service.  The version of the regulation in effect at the time of the applicant's release from active duty provided for documenting overseas service in item 24c (Foreign 


Service), including the last major command in which the overseas service was performed.  Later versions of the regulation during the Vietnam era provided for an entry documenting inclusive dates of RVN service in the remarks section.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to document his RVN service on his DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms the applicant completed 9 months and 28 days of overseas service in the RVN during the period covered by the DD Form 214.  Although there is no error in the overseas service entry on the DD Form 214, later versions of the governing regulation provided for specifically documenting RVN service in the remarks block.  Therefore, it would be appropriate and serve the interest of equity to add the entry "Vietnam Service:  2 November 1964-23 August 1965" to item 32.

2.  The RVN Campaign Medal with Device (1960) is authorized for 6 months of service in the RVN between 1 March 1961 and 28 March 1973.  The evidence of record confirms the applicant served in the RVN for more than 6 months during the qualifying period.  As a result, it would be appropriate to add this award to his DD Form 214.

3.  The evidence of record further confirms that during his assignment in the RVN, his unit was cited for the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to add this award to 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 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 amending his DD Form 214 as follows:

* adding award of the RVN Campaign Medal with Device (1960) and RVN Gallantry Cross with Palm Unit Citation
* adding the remark:  "Vietnam Service:  2 November 1964-23 August 1965"



      _______ _   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)                                         AR20120007774



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ABCMR Record of Proceedings (cont)                                         AR20120007774



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