IN THE CASE OF:	

		BOARD DATE:	    9 January 2014

		DOCKET NUMBER:  AR20130008315 


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 Unites States Report of Transfer or Discharge) to show:

* his foreign service in Vietnam
* all of the awards/campaign ribbons he is entitled to

2.  The applicant states, in effect, he never used his DD Form 214 before and did not realize this information was not on his DD Form 214.  

3.  The applicant provides his DA Form 20 (Enlisted Qualification Record).

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 Amy on 22 May 1967 and he held military occupational specialty 61C (Watercraft Engineer).  He served in Vietnam from 16 December 1967 to 24 July 1969 while assigned to the U.S. Army Support Command and the U.S. Army Marine Maintenance Activity Vietnam (USAMMAV).

3.  He also served in Germany from 10 September 1969 to 11 May 1970 while assigned to the 653rd Transportation Detachment.

4.  He was honorably released from active duty on 13 May 1970 and he was transferred to the U.S. Amy Reserve.  He completed 2 years, 11 months, and 22 days of creditable active service.

5.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 2 years, 3 months, and 11 days of foreign service during his period of service, the total time he served in Vietnam and Germany.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the National Defense Service Medal and three overseas service bars.

7.  Item 30 (Remarks) of his DD Form 214 does not contain an entry that shows he served in Vietnam.

8.  Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified as sharpshooter with the M-14 rifle and as expert with the M-16 rifle.  Item 41 (Awards and Decorations) of this form also shows award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).  

9.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  A review of his records shows that during his service in Vietnam he participated in seven campaigns.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states Department of the Army General Orders (GO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.
11.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated for item 30, for service in Vietnam, enter the inclusive dates of service in Vietnam (i.e. "Vietnam - 25 April 1970 through 28 May 1971, Indochina-Yes, Korea-No")

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records confirms the applicant served in Vietnam from 16 December 1967 to 24 July 1969 which is not reflected in item 30 of his DD Form 214.  Therefore, his DD Form 214 should be corrected to show the dates of his foreign service in Vietnam.

2.  The evidence of record confirms he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960), that he participated in seven campaigns during his service in Vietnam, and he qualified as sharpshooter with the M-14 rifle and as expert with the M-16 rifle.  Therefore, he is entitled to correction of his DD Form 214 to show award of the:

* Vietnam Service Medal with one silver service star and two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

3.  He served in Vietnam during a period his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

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 to item 24 of his DD Form 214 the:

* Vietnam Service Medal with one silver service star and  two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

* adding to item 30 of his DD Form 214 the entry "SERVICE IN VIETNAM FROM 19671216 - 19690724, 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)                                         AR20130008315





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ABCMR Record of Proceedings (cont)                                         AR20130008315



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