IN THE CASE OF:	  

		BOARD DATE:  24 January 2013

		DOCKET NUMBER:  AR20120012741 


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 and all awards and decorations to which he may be entitled for this service.

2.  The applicant states, in effect:

* He did not receive credit for being in Vietnam
* He was stationed outside of Quinon at Camp Holloway, Pleiku, Vietnam
* He did not receive awards for his service there

3.  The applicant provides:

* Retirement points statement
* 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.  He was inducted into the Army of the United States on 27 November 1963.

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

* he arrived in Vietnam on 13 August 1965
* he served as a military policeman assigned to Company B, 504th Military Police Battalion in Vietnam from 13 August 1965 to 13 November 1965

4.  On 18 November 1965, 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.  

5.  His DD Form 214 shows he was awarded or authorized:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar 

6.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows his foreign service as 3 months and 1 day and his last overseas theater as U.S. Army Pacific.

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

8.  Records show he was assigned to Camp Holloway, Pleiku, Vietnam in October 1965.

9.  Records show he participated in one campaign during his assignment 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 504TH Military Police Battalion, was cited for award of the Meritorious Unit Commendation for actions during the period September 1965 to July 1966 in Department of the Army General Orders (DAGO) 30, dated 1968.


11.  DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  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.

13.  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.

14.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 
30 November 1995, and 11 September 2001 and a date to be determined.  

15.  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 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 24c.  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 
13 August 1965 to 13 November 1965 are accepted as sufficient evidence on which to add the entry "Vietnam Service:  13 August 1965 to 13 November 1965" to item 30 of his DD Form 214.



2.  Based on his service in Vietnam and participation in one campaign, he is authorized the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show these awards.

3.  His unit in Vietnam was cited for award of the Meritorious Unit Commendation while he was assigned to it.  His DD Form 214 should be corrected to show this unit award.

4.  He served a period of qualifying service for the National Defense Service Medal.  His DD Form 214 should be corrected to show this medal.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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:

	a.  adding the entry " Vietnam Service:  13 August 1965 to 13 November 1965" to item 30 of his DD Form 214; and







	b.  adding the Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, National Defense Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to 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)                                         AR20120012741





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ABCMR Record of Proceedings (cont)                                         AR20120012741



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