BOARD DATE:	  27 June 2013

		DOCKET NUMBER:  AR20120022238 


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 (Report of Separation from Active Duty) to show his service in the Republic of Vietnam (RVN).

2.  The applicant states, in effect, that he needs his RVN service documented in order to obtain state and veteran benefits.

3.  The applicant provides a copy of his DD Form 214 and DD Form 215 (Correction to 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.  On 26 May 1969, the applicant enlisted in the Regular Army.  He was awarded military occupational specialty 62B (Heavy Equipment Mechanic).

3.  Records covering the applicant's military service from 1969 to 1971 are incomplete and do not provide specific dates of assignments.  However, his record of nonjudicial punishments are available.  These documents show:

	a.  On 19 January 1970, he was assigned to the Transit Company at 
Fort Lewis, WA.

	b.  On 3 April 1970, he was assigned to the 687th Engineer Company, located in the RVN.

	c.  On 12 October 1970, he was assigned to the 572nd Engineer Company, located in the RVN.  He was still assigned to this unit on 18 November 1970.

4.  On 4 February 1971, the applicant was assigned for duty with the 93rd Engineer Company located in the Federal Republic of Germany (FRG).

5.  On 5 January 1972, the applicant was discharged from active duty.  His 
DD Form 214 shows he completed 11 months and 2 days of foreign service, reflecting his service in the FRG.  The DD Form 214 does not reflect his service in the RVN.  His awards are listed as the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

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

	a.  This regulation provides for award of the Vietnam Service Medal.  This 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.

	b.  This regulation provides for award of the Vietnam Campaign Medal with  1960 Device.  This 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.  

	c.  Appendix B of this regulation provides that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods: the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 687th Engineer Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated in 1971 for award of the Meritorious Unit Commendation; and in DAGO Number 6, dated in 1974 for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

8.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It further required an entry in the Remarks block to reflect the individual's dates of service in the RVN.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record clearly shows that the applicant was in the RVN from 3 April to 18 November 1970 (7 months and 16 days).  Any service he may have had in the RVN either prior to or after these dates cannot be determined from the available records.  His period of service in the FRG was from 4 February 1971 to 5 January 1972 (11 months and 2 days).  Therefore, his total verifiable foreign service of 1 year, 6 months, and 18 days should be reflected on his DD Form 214.

2.  Furthermore, the applicant's verifiable dates of service in the RVN should be entered in the Remarks block of his DD Form 214.

3.  As a matter of equity, and to clarify his service in the RVN, the following awards, based on his service with 687th Engineer Company in the RVN, should be shown on his DD Form 214:

* Meritorious Unit Commendation
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device

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.  showing on his DD Form 214 his foreign service as 1 year, 6 months and 18 days;

	b.  adding in the Remarks block of his DD Form 214: "Service in the Republic of Vietnam: 3 April to 18 November 1970"; and

	c.  showing, in addition to the awards already-shown on his DD Form 214, that his awards include:

* Meritorious Unit Commendation
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device



      __________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)                                         AR20120022238





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ABCMR Record of Proceedings (cont)                                         AR20120022238



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