IN THE CASE OF:	  

		BOARD DATE:  24 September 2013

		DOCKET NUMBER:  AR20130003439 


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 reflect his service in the Republic of Vietnam (RVN).

2.  The applicant states his service in the RVN should have been shown on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* DA Form 24 (Service Record) pages 1 and 3
* DA Form 20 (Enlisted Qualification Record) pages 1, 2 and 3

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 3 September 1963, the applicant was inducted into the Army of the United States.  He subsequently completed his initial training and was assigned for duty in the RVN.

3.  The applicant's DA Form 20 indicates that he deployed with his unit, Company B, 121st Signal Battalion, and arrived in the RVN on or about 25 June 1965.  On or about 23 August 1965, he returned to the United States.

4.  On 23 August 1965, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
11 months, and 21 days of creditable active duty service.

5.  The applicant's DD Form 214 shows in:

* Item 13a (Character of Service): Honorable
* Item 24c (Foreign Service): 1 month and 27 days United States Army Pacific (USARPAC)
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar, Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Good Conduct Medal
* Item 30 (Remarks): does not reflect any service in the RVN

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

	a.  This regulation provides for award of the Vietnam Service Medal to all members of the Armed Forces of the United States for qualifying service in the RVN 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 National Defense Service Medal for any period of honorable service between 1 January 1961 through 14 August 1974.

	c.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the Vietnam Defense campaign.  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 RVN.  This publication shows that Company B, 121st Signal Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 21, dated in 1969 for award of the RVN Gallantry Cross with Palm Unit Citation and in DAGO Number 53, dated in 1970, for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

8.  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 of 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 the RVN performed on or after 5 August 1964 would be listed in the Remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to reflect his service in the RVN.

2.  The evidence of record clearly shows that the applicant served in the RVN from on or about 25 June to on or about 23 August 1965.  Although not required at the time, his DD Form 214 should be corrected to reflect this foreign service.

3.  Records show that the applicant participated in one campaign period during his service in the RVN.  Therefore, he is eligible for award of the Vietnam Service Medal with one bronze service star.

4.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

5.  Records show that the applicant served during a qualifying period of service for award of the National Defense Service Medal.  Therefore, this medal should be shown on his DD Form 214.



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 in Item 26 of his DD Form 214:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	b.  adding in Item 32 (Remarks) of his DD Form 214:  VIETNAM SERVICE: 25 JUNE 1965 THROUGH 23 AUGUST 1965.



      _______ _  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)                                         AR20130003439





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130003439



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1