IN THE CASE OF:
BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130005308
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 show his foreign service in Vietnam.
2. The applicant states, in effect, his USAAC Form 172 (Option to Transfer to Standby Reserve or Extend Ready Reserve Obligation) shows he served in Vietnam.
3. The applicant provides:
* USAAC Form 172
* Discharge orders from the U.S. Army Reserve (USAR)
* Photographs
* 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
14 November 1961.
3. His DA Form 24 (Service Record) shows he served as a communications specialist assigned to the 72nd Signal Detachment in Vietnam from 1 October 1962 through 19 March 1963 (total of 5 months and 19 days).
4. On 13 November 1963, he was honorably released from active duty.
5. His DD Form 214 shows he was awarded or authorized the:
* Armed Forces Expeditionary Medal (for his service in Vietnam)
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar
6. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows no foreign service.
7. Item 30 (Remarks) of his DD Form 214 does not show any service in Vietnam.
8. 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 72nd Signal Detachment was cited for award of the Meritorious Unit Commendation for actions during the period February 1962 to June 1965 in Department of the Army General Orders (DAGO) 3, dated 1966.
9. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
10. 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 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 Vietnam performed on or after 5 August 1964 would be listed the remarks block.
DISCUSSION AND CONCLUSIONS:
1. The entry on the applicant's DA Form 24 which shows he served in Vietnam from 1 October 1962 to 20 March 1963 is accepted as sufficient evidence on which to amend item 24c of his DD Form 214 to show he served 5 months and 19 days of foreign service in the U.S. Army Pacific (USARPAC) and to add the entry "Vietnam Service: 1 October 1962 to 20 March 1963" to item 30 of his DD Form 214.
2. As a related issue, his unit in Vietnam was cited for the Meritorious Unit Commendation during his period of assignment. Therefore, his DD Form 214 should be corrected to show this unit award.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period; therefore, he is also entitled to correction of his DD Form 214 to show this unit award.
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 the following awards to his DD Form 214:
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
b. deleting the entry in item 24c of his DD Form 214 and replacing it with the entry "USARPAC 0 5 19."
c. adding the entry "Vietnam Service: 1 October 1962 to 20 March 1963" to item 30 of his DD Form 214.
_______ _ __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) AR20130005308
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ABCMR Record of Proceedings (cont) AR20130005308
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