IN THE CASE OF:	  

		BOARD DATE:	  19 November 2013

		DOCKET NUMBER:  AR20130005488 


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 foreign service in Vietnam.

2.  The applicant states, in effect:

* his DD Form 214 does not show his service in Vietnam for the period October 1966 to October 1967
* he wants a DD Form 215 (Correction to DD Form 214) to use at Department of Veterans Affairs (VA) facilities to show he served in Vietnam

3.  The applicant does not provide any additional evidence. 

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 enlisted in the Regular Army on 27 October 1965.  He completed training and was awarded military occupational specialty 91D (Operation Room Specialist).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service), service in Vietnam during the period 12 August 1966 through 4 August 1967
* item 38 (Record of Assignments):

*	93d Evacuation Hospital, Vietnam, 19 August to 30 October 1966
*	945th Medical Detachment, Vietnam, 1 November 1966 to 7 May 1967
*	93d Evacuation Hospital, Vietnam, 8 May 1967 to 4 August 1967

* item 41 (Awards and Decorations):

*	National Defense Service Medal
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Army Good Conduct Medal
*	Sharpshooter's Marksmanship Qualification Badge with Rifle Bar
   (M-14)

4.  On 25 October 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows in:

* item 22b (Total Active Service), 2 years, 11 months, and 29 days
* item 22c (Foreign and/or Sea Service), USARPAC (U.S. Army Pacific), 11 months and 23 days
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

*	National Defense Service Medal
*	Army Good Conduct Medal
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
   (M-14)
		*	2 Overseas Service Bars


5.  As a related matter, a review of the applicant's records shows he is entitled to additional awards and decorations. 

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.

	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:

	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.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.

   a.  Paragraph 6d states Department of the Army General Orders (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.

   b.  A unit to which the applicant was assigned while in Vietnam, the 93d Evacuation Hospital, was cited for award of the Meritorious Unit Commendation as announced in DAGO Number 17, dated 1971, for the period 1 January 1966 to 31 October 1967.

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 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 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in Block 30 (Remarks), as follows:  "Vietnam Service:  From Date to Date."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show his service in Vietnam was carefully considered and determined to have merit. 

2.  His foreign service theater is shown on his DD Form 214; however, the geographic location was not required to be shown during his time of service.  Later regulations required the inclusive dates of service in Vietnam; therefore, it would be appropriate to show his service in Vietnam in Block 30 of his DD Form 214.

3.  The applicant was awarded the Vietnam Medal and he served in Vietnam during two campaigns; therefore, he is entitled to correction of his DD Form 214 to show this award with two bronze service stars.

4.  He served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  General orders awarded the unit to which he was assigned the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 adding the following to his DD Form 214 in:


* item 24:

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

* item 30, "Vietnam Service:  From 12 August 1966 to 4 August 1967"




      _______ _   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)                                         AR20130005488



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ABCMR Record of Proceedings (cont)                                         AR20130005488



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