IN THE CASE OF:	  

		BOARD DATE:  24 September 2013

		DOCKET NUMBER:  AR20130002551 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending on 10 November 1969, to show the Vietnam Campaign Medal.

2.  The applicant states, in effect, he needs this award shown on his DD Form 214 to be eligible for Agent Orange benefits.

3.  The applicant provides:

* DD Form 47 (Record of Induction)
* DD Form 214 for the period ending 21 November 1966
* DD Form 4 (Enlistment Record – Armed Forces of the United States)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 873 (Certificate of Clearance and/or Security Determination under EO 10450)
* two Standard Forms (SF) 88 (Record of Medical Examination)
* SF 600 (Health Record – Chronological Record of Medical Care)
* DA Form 8-275-2 (Clinical Record Cover Sheet)
* DA Form 2658 (Health Record – Abstract of Service)
* SF 601 (Health Record – Immunization Record)
* two SFs 603 (Health Record – Dental)
* 1969 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 was inducted into the Army of the United States on 21 November 1966.  On 24 November 1966, he was honorably discharged for the purpose of enlisting in the Regular Army (RA).  He completed 4 days of net active service.

3.  He enlisted in the RA on 21 November 1966.  He completed training and was awarded military occupational specialty 71H (Personnel Specialist).  He served in Vietnam from 10 June 1967 through 4 June 1968 during three campaigns and was assigned to the Headquarters and Headquarters Detachment, 21st Signal Group.

4.  He served in Okinawa from 25 February 1969 through on or about 10 November 1969.

5.  He was honorably released from active duty on 10 November 1969, as an overseas returnee, and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 2 years, 11 months, and 24 days of total active service and 1 year, 8 months, and 16 days of foreign service.  His DD Form 214 lists the:

* National Defense Service Medal
* Army Commendation Medal
* Army Good Conduct Medal

6.  Item 41 (Awards and Decorations) of his DA Form 20 lists the same awards listed on his 1969 DD Form 214 with the addition of the Vietnam Service Medal, Vietnam Campaign Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.



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

	a.  The Vietnam Service Medal was 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.  A bronze service star for each campaign participation credit is worn on the Vietnam Service Medal.

	b.  The Republic of Vietnam Campaign Medal with Device (1960) (also known as the Vietnam Campaign 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.

8.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the U.S. Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed a qualifying period of service for award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960).  These awards are listed on his DA Form 20; however, it appears they were inadvertently omitted from his 1969 DD Form 214.  Therefore, it would be appropriate to correct this DD Form 214 to show these awards.

2.  The evidence confirms he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.  

3.  The evidence shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this award.

4.  General orders also entitled him to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his 1969 DD Form 214 to show this unit award.

5.  In view of the foregoing, his records should be corrected as recommended below.

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 adding the following awards to the applicant's DD Form 214 for the period ending 10 November 1969:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _  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)                                         AR20130002551





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ABCMR Record of Proceedings (cont)                                         AR20130002551



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