IN THE CASE OF:	   

		BOARD DATE:	  24 October 2013

		DOCKET NUMBER:  AR20130004794 


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.

2.  The applicant states he served in Vietnam from 1 December 1965 to 
8 December 1966 but the dates of his service in Vietnam are not annotated on his DD Form 214.  He adds that the absence of his Vietnam service was noted when he was turned down for an Agent Orange exam.

3.  The applicant provides a 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 indicated on his application that he is providing a certificate out of his Army records that shows the dates of his service in Vietnam.  However, the certificate was not found among the supporting documentation provided.

3.  The applicant was inducted into the Army of the United States on 21 June 1965.

4.  On 20 June 1967, he was honorably released from active duty at the expiration of his term of service.  His DD Form 214 shows in:

	a.  item 22c (Foreign and/or Sea Service) the entry "1  0  8" indicating he served 1 year and 8 days of foreign and/or sea service.  It also shows the entry "USARPAC" (U.S. Army Pacific).

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal.

	c.  item 30 (Remarks) no entry for his Vietnam service.

5.  His record also contains a DA Form 20 (Enlisted Qualification Record) that shows in item 38 (Record of Assignments) he was assigned to the 69th Signal Battalion during the period 1 December 1965 to 8 December 1966.

6.  A review of his military record revealed an official certificate issued by The Adjutant General, dated 15 March 1968, that confirms he served in Vietnam from
1 December 1965 to 8 December 1966.  As a result, a DD Form 215 (Correction to DD Form 214), dated 25 October 1968, was issued to add the Vietnam Service Medal to his DD Form 214.

7.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents.  The regulation in effect at the time of the applicant's separation specified that item 22c of the DD Form 214 would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed (e.g., USARPAC).  The regulation did not provide for the country where the overseas service was performed or the specific dates of the overseas service to be identified on the DD Form 214.

8.  Army Regulation 635-5 later provided that in the "Remarks" section, indicate Indochina and Korea service on or after 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and 

Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.  For example, to show service in Vietnam only, enter "Vietnam-25 Apr 70 through 28 May 71, Indochina-
yes, Korea-no."

9.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states 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 the following three campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

	b.  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.

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 69th Signal Battalion was cited for award of the:

* Meritorious Unit Commendation for the period November 1965 through October 1966 by Department of the Army General Order (DAGO)
Number 17, dated 1968
* Meritorious Unit Commendation for the period 1 November 1965 through 31 October 1967 by DAGO Number 46, dated 1969

11.  Department of the Army Pamphlet 672-3, paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the dates of his service in Vietnam has been carefully considered.

2.  The regulation in effect at the time of his separation did not provide for the identification of the country where the overseas service was performed or the specific dates of the overseas service on the DD Form 214.  However, the regulation was subsequently changed to provide for such an entry.  Therefore, in order to facilitate the processing of any claim the applicant may have to the Department of Veterans Affairs and as a matter of equity, it would be appropriate correct item 30 of his DD Form 214 to show his Vietnam service.

3.  Additionally, as a related issue, he is entitled to awards based on his service in Vietnam that are not shown on his DD Form 214 or DD Form 215.  Therefore, it would be appropriate at this time to add the awards and decorations to his
DD Form 214 as indicated below.

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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.   adding to item 30 of his DD Form 214 the entry "Vietnam - 1 December 1965 through 8 December 1966, Indochina-yes, Korea-no."



      _______ _   _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)                                         AR20130004794



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ABCMR Record of Proceedings (cont)                                         AR20130004794



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