IN THE CASE OF:	  

		BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120011080 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Vietnam.

2.  The applicant states he needs verification of his combat service in Vietnam for eligibility for the Department of Veterans Affairs (VA) Medical Center.  His award of the Vietnam Service Medal is not sufficient.

3.  The applicant provides no additional evidence.

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's records show he enlisted in the Regular Army on 19 November 1963 and he held military occupational specialty 36C (Lineman).  

3.  He served in Okinawa from 1 July 1964 to 11 May 1965 and he served in Vietnam from on or about 12 May 1965 to 24 April 1966 while assigned to Battery A, 3rd Battalion, 319th Artillery.

4.  He was honorably released from active duty on 18 November 1966 and he was assigned to the U.S. Army Reserve.  He completed 3 years of net active service with 1 year, 9 months, and 24 days of foreign service in the U.S. Army Pacific (USARPAC).

5.  Item 24c (Foreign and/or Sea Service) of the DD Form 214 he was issued contains the entry "USARPAC - 0000  11  20."  This entry indicated he had 11 months and 20 days of foreign service in USARPAC.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Vietnam Service Medal
* Army Good Conduct Medal (1st Award)
* overseas service bar

7.  As a related matter, a review of his records shows entitlement to additional awards.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.  

	b.  Paragraph 2-13 contains the regulatory guidance for 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.  Appendix B shows that during his service in Vietnam, participation credit was awarded for two campaigns.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 3rd Battalion, 319th Artillery, this unit was cited for award of the:

* Meritorious Unit Commendation, for the period 5 May 1965 through 4 May 1967 by Department of the Army General Order (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 5 May 1965 to 20 September 1970 by DAGO Number 43, dated 1972

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated in item 24c enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed in.  There were no provisions to enter the dates of the foreign service on the DD Form 214.

11.  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 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 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 from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant's separation, there was no regulatory requirement to list service in Vietnam on the DD Form 214.  However, as an exception to policy and in the interest of clarity, there is no harm to the Army or the Soldier if his service in Vietnam is listed in item 30 (Remarks) of his DD Form 214.  

2.  The evidence of record confirms the applicant completed 1 year, 9 months, and 24 days of foreign service in USARPAC while his DD Form 214 reflects 11 months and 20 days of this service.  Therefore, it would be appropriate to correct his DD Form 214 to show all of his foreign service.

3.  He served in Vietnam during a qualifying period of service that qualifies him for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, his DD Form 214 should be corrected to show this award.  Additionally, this period of service entitled him to two overseas service bars.  Therefore, his DD Form 214 should be corrected to show two overseas service bars.

4.  His record confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  DAGO awarded his unit in Vietnam the Meritorious Unit Commendation and 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.

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 amending his DD Form 214 as follows:

* deleting the entry in item 24c and replacing it with the entry "0001  09  24
* deleting from item 26 the Vietnam Service Medal and the overseas service bar
* adding to item 26 the:

* Republic of Vietnam Campaign Medal with Device (1960)


* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two overseas service bars

* adding to item 30 (Remarks) the entry "SERVICE IN VIETNAM FROM 19650512 - 19660424"



      ___________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)                                         AR20120011080



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ABCMR Record of Proceedings (cont)                                         AR20120011080



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