IN THE CASE OF:	  

		BOARD DATE:	  16 January 2014

		DOCKET NUMBER:  AR20130007780 


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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM), be corrected to show his Vietnam service.  This request is considered to include the FSM's Vietnam service awards as a related issue.  

2.  The applicant states his Vietnam service needs to be included for authorization of benefits to her (the widow).  

3.  The applicant provides:

* Department of Veterans Affairs (VA) Notice Response
* VA Form 21-4142 (Authorization and Consent to Release Information to the Department of Veterans Affairs
* DA Form 21-4138 (Statement in Support of Claim)
* Correspondence from the VA
* Self-authored chronology
* Certificate awarding the FSM the Army Commendation Medal and photograph of the medal
* Photograph of the of the Military Assistance Command Vietnam Patch

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 FSM was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 10 June 1950. 

3.  He entered active duty on 13 November 1950.  He served in a variety of stateside or overseas assignments and he attained the rank of lieutenant colonel (LTC). 

4.  His DA Form 66 (Officer Qualification Record) shows he completed several tours of foreign service including:

* Germany - U.S. Army Europe (USAREUR)
* Japan - U.S. Army Forces, Far East (AFFE)
* Vietnam - U.S. Army Pacific (USARPAC)
* France - USAREUR
* Panama - U.S. Army South (USARSO)  

5.  He served in Vietnam from 22 November 1962 to 10 November 1963.  He was assigned to the Military Assistance Command Vietnam as a signal officer.  

6.  He retired on 31 July 1971 and he was placed on the Retired List in his retired rank of LTC on 1 August 1971.  His DD Form 214 shows in:

* Item 22c (Foreign and/or Sea Service) - he completed 13 years of foreign service
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Army of Occupation Medal (Germany), National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, and Army Commendation Medal
* Item 30 (Remarks) contains entries related to his Blood Group and Grade

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contained the following guidance for preparation of the DD Form 214:

* item 22c showed 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 service was performed, e.g., "USARPAC"
* item 24 showed a member's awards and decorations
* item 30 was used for mandatory requirements, when a separate block was not available, and as a continuation entry

8.  A review of the FSM's records - as a related item - shows his entitlement to additional awards which are not listed on his DD Form 214. 

9.  Department of the Army General Orders 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 600-8-22 (Military Awards) states 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.

11.  Item 23 (Qualification in Arms) of the FSM's DA Form 66 shows he qualified sharpshooter with the M-14 Rifle.  

DISCUSSION AND CONCLUSIONS:

1.  The FSM completed several periods of foreign service, equating to 13 years, the last of which was in Panama.  Thus, USARSO became his last overseas command.  His DD Form 214 correctly credited him with 13 years of foreign service as required by the applicable regulation at the time but omitted the major overseas command.  Therefore, his DD Form 214 should be corrected to add the entry USARSO in item 22c.  

2.  At the time of his retirement, the regulation provided for an entry in item 22c of the total foreign service completed during the period covered by the DD Form 214.  This was done in the FSM's case and it included his Vietnam service.  There is no error.  However, there would be no harm to the Army or the FSM/applicant if his Vietnam service is listed in item 30 of his DD Form 214.
3.  As a related issue, the applicant is authorized several awards due to his service in Vietnam.  DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The FSM qualified sharpshooter with the M-14 Rifle in August 1955.  Therefore, he is entitled to correction of his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 

5.  The FSM 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.

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 to item 22c the entry "USARSO"
* adding to item 24 the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Republic of Vietnam Campaign Medal with 1960 Device 
* adding to item 30 the statement "SERVICE IN VIETNAM FROM 22 November 1962 to 10 November 1963" 



      _______ _   _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)                                         AR20130007780



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ABCMR Record of Proceedings (cont)                                         AR20130007780



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