IN THE CASE OF:	  

		BOARD DATE:  5 September 2013

		DOCKET NUMBER:  AR20130002343 


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 he served in the Republic of Vietnam (RVN).

2.  The applicant states his DD Form 214 does not show he was in the RVN for 28 hours in 1968.  He was at Cam Ranh Bay on 19 August 1968.

3.  The applicant provides:

* his DD Form 214
* nine Department of Veterans Affairs (VA) Forms 21-4138 (Statement in Support of Claim)
* a copy of Special Orders Number 114, dated 8 May 1968, issued by Headquarters, U.S. Army Artillery and Missile Center and Fort Sill
* a copy of Special Orders Number 225, dated 12 August 1968, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis

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 was inducted into the Army of the United States on 
13 September 1967.  He successfully completed training and was awarded military occupational specialty 13B (Field Artillery Crewman).

3.  Special Orders Number 225, dated 12 August 1968, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, show the applicant reported to Fort Lewis for travel to the U.S. Army Vietnam (USARV) Transient Detachment.

4.  Letter Orders Number 8-8, dated 16 August 1968, issued by Headquarters, 22nd Replacement Battalion, RVN show the applicant was authorized 30 days emergency leave effective 16 August 1968. 

5.  A DD Form 173 (Joint Message Form), dated 11 September 1968, shows the applicant was released from the USARV Transient Detachment and reassigned to Fort Sill, OK.  He was ordered to report to Fort Sill, OK, upon the completion of his leave.

6.  On 12 September 1969, the applicant was honorably released from active duty.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows no foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) only shows the:

* National Defense Service Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge  

7.  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.  

8.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that 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 the applicant participated in one campaign, Vietnam Counteroffensive Phase V (1 July 1968 - l November 1968).

9.  Army Regulation 635-5 (Separation Documents) in effect at the time states to enter in item 22c the total active duty 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., U.S. Army Pacific Command (USARPAC).

10.  An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Indochina and Korea service on or after 5 August 1964 in item 30 of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea.  To show Vietnam service only, e.g., enter "Vietnam - 25 Apr 71 thru 28 May 71, Indochina -Yes, Korea - No."

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was assigned to the USARV Transient Detachment on 16 August 1968.  He was authorized 30 days emergency leave and reassigned to Fort Sill, OK effective 16 August 1968.  It appears the applicant was in the RVN for 1 day prior to being authorized emergency leave.  Therefore, he is eligible for the Vietnam Service Medal.  His DD Form 214 should be amended to add this award.

2.  His participation in one campaign makes him eligible for one bronze service star to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to show this award

3.  Based on this information, it would be appropriate to correct his records to show this foreign service.  As a result, item 22c of his DD Form 214 should be corrected to show, “USARPAC” and 1 day of foreign service.  Item 30 (Remarks) should be amended to show RVN Service on 16 August 1968.

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.  amending item 22c of his DD Form 214 to show 1 day of foreign service in USARPAC, 
   
   b.  amending item 24 of his DD Form 214 to add the Vietnam Service Medal with one bronze service star, and
   
   c.  amending item 30 of his DD Form 214 to add the entry "RVN service from 16 August 1968 to 16 August 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)                                         AR20130002343





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ABCMR Record of Proceedings (cont)                                         AR20130002343



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