IN THE CASE OF:	  

		BOARD DATE:  20 February 2014

		DOCKET NUMBER:  AR20130010658 


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 service in Vietnam.

2.  He states he was in the 565th Transportation Company in Vietnam. 

3.  He provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* DA Form 24 (Service Record)
* Internet Article from the Department of Veterans Affairs, titled "Agent Orange, Alphabet Ships List"

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’s record shows he enlisted in the Regular Army on 11 October 1962 and he was trained in and held military occupational specialty 56E (Stevedore).  He was honorably released from active duty on 5 October 1965 and credited with completing 2 years, 11 months, and 25 days of total active service.

3.  His DD Form 214 shows in:

   a.  Item 12 (Last Duty Assignment and Major Command), 565th Transportation Company, United States Army Vietnam (USARV).

   b.  Item 24c (Foreign and/or Sea Service), United States Army Pacific (USARPAC) "00  03  11."
   
   c.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):
   
* Expert  Marksmanship Qualification Badge with Rifle Bars (M-14) and (Carbine)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)

   d.  Item 32 (Remarks) does not contain an entry concerning his foreign service.

4.  Item 29 (Foreign Service) of the applicant's DA Form 20 shows he served in USARPAC from 23 June to 3 October 1965.

5.  Section 2 - Chronological Record of Military Service of his DA Form 24 shows he arrived in USARV on 23 June 1965 and departed on 3 October 1965.  It does not list his unit of assignment during his service in Vietnam.

6.  Army Regulation 635-5 (Separation Documents) in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  Section III instructed the preparer, in pertinent part, to enter the total active duty outside continental limits of the United States for the period covered by the 
DD Form 214 and the last oversea theater where service was performed, e.g., "(USARPAC)" in item 24c.  There was no requirement to list the country or the dates of service in item 32. 


7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal (VSM).  This 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

8.  Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the Vietnam Defense Campaign (8 March 1965 -
24 December 1965).

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, United States Army Vietnam by Department of the Army General Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 24 shows he served in Vietnam from 23 June to 
3 October 1965.  This information is consistent with the period of foreign service listed on his DD Form 214 (3 months and 11 days).  Although not required by regulation, but as a matter of equity, it would be appropriate to show in item 32 that the applicant served in Vietnam from 23 June to 3 October 1965.

2.  His service in Vietnam (23 June to 3 October 1965) qualifies him for award of the VSM.  His record shows he participated in one campaign during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star to be worn on his VSM.

3.  Evidence of record also shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is 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 amending his DD Form 214 by:

   a.  adding to Item 32 "Vietnam, 23 June to 3 October 1965"; and

   b.  adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and  the Vietnam Service Medal with one bronze service star.



      _______ _  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)                                         AR20130010658





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ABCMR Record of Proceedings (cont)                                         AR20130010658



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