IN THE CASE OF:	  

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120009818 


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 Separation or Discharge) to show all awards to which he is entitled for his service in Vietnam from July 1965 through July 1966 and July 1967 through July 1968.

2.  The applicant states he would like a DD Form 215 (Correction to DD Form 214) to reflect those awards and medals his unit was given and he did not receive at the time of his discharge on 21 July 1968.  He further states he has been seen at the Department of Veterans Affairs (VA) for his medical care and they need proof of his service in Vietnam and all awards and medals he should have been given during the time he was in Vietnam.

3.  The applicant provides:

* A letter of support, dated 21 November 2006
* Another letter of support, undated
* 7 pages of internet documents
* 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 enlisted in the Regular Army on 30 July 1964 for a period of
4 years.  He completed training and was awarded military occupational specialty (MOS) 68B (Aircraft Engine Repairman).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

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

* he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* he served in Vietnam from 2 July 1965 to 24 June 1966 while assigned to the 165th Transportation Company
* he served in Vietnam from 23 July 1967 to 19 July 1968 while assigned to the 398th Transportation Detachment, 11th Armored Cavalry Regiment

4.  General Orders Number 1869, issued by Headquarters, U.S. Army Vietnam, on 14 December 1965, awarded him the Air Medal for meritorious achievement while participating in aerial flight from 13 September 1965 to 28 September 1965.

5.  He was honorably released from active duty on 21 July 1968 as an overseas returnee.  He completed 3 years, 11 months, and 22 days of total active service.  His DD Form 214 he was issued at the time shows in:

* item 22c (Foreign and/or Sea Service) the entry "1  11  22," indicating he completed 1 year, 11 months, and 22 days of foreign service; however, the location of this foreign service is not listed
* item 24 (Decorations Medals, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* 
Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Two overseas service bars

6.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following seven campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* 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)

7.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states 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. For Vietnam service, one overseas service bar was 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 were counted as whole months for credit toward the overseas service bar.

8.  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:

	a.  The 165th Transportation Detachment was cited for award of the:

* Valorous Unit Award for the period 18 September through 28 October 1965 by Department of the Army General Orders (DAGO) Number 20, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 20 March 1967 by DAGO Number 22, dated 1968

	b.  The 398th Transportation Detachment was cited for award of the:

* Valorous Unit Award for the period 31 January 1968 through
5 February 1968 by DAGO Number 28, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 through 10 August 1968 by DAGO Number 60, dated 1969

9.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the version in effect at the time of his separation stated that item 26, item 24c, or item 22c (depending on the year issued) would show the total period of active service 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, etc.).  Furthermore, the "Remarks" block was used for Department of the Army mandatory requirements or when a separate block was required for a continuation entry.

11.  Army Regulation 635-5, currently in effect, states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in the Remarks block.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

2.  General orders awarded him the Air Medal for meritorious achievement in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.

3.  His units in Vietnam were cited for one each award of the Valorous Unit Award and one each award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The evidence of record shows that during his two periods of service in Vietnam he participated in seven campaigns.  Therefore, he is entitled to 1 silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  The evidence of record shows he served in Vietnam from 2 July 1965 to
24 June 1966 and from 23 July 1967 to 19 July 1968.  That entitles him to four overseas service bars.  His DD Form 214 only shows two overseas service bars; therefore, his DD Form, 214 should be corrected accordingly.

6.  His DD Form 214 does not list the last overseas theater in which he served.  Therefore, his DD Form 214 should be corrected accordingly.  Additionally, current standards state a Soldier's deployment would be noted in the Remarks section of his/her DD Form 214.  There would be no harm in adding his Vietnam service to the Remarks section in this case.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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:

* deleting from item 24 of his DD Form 214 the Vietnam Service Medal and two overseas service bars
* adding to item 22c of his DD Form 214 the entry "USARPAC"
* 
adding to item 24 of his DD Form 214 the:

* Air Medal
* Vietnam Service Medal with one silver service star and two bronze service stars
* Valorous Unit Award (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Four overseas service bars

* adding to item 30 (Remarks) of his DD Form 214 the entry:

* Service in Vietnam From 2 July 1965 to 24 June 1966
* Service in Vietnam From 23 July 1967 to 19 July 1968



      ____________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)                                         AR20120009818



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ABCMR Record of Proceedings (cont)                                         AR20120009818



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