BOARD DATE:	 25 February 2014 

		DOCKET NUMBER:  AR20130010739 


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:

* award of the "Vietnam Combat Medal" (interpreted to mean the Republic of Vietnam Campaign Medal with Device (1960))
* all awards and decorations to which he is entitled
* his Vietnam service and service dates

2.  The applicant states, in effect, his DD Form 214 does not accurately list all of his awards or his combat service in Vietnam.

3.  The applicant provides his 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 basis to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 7 November 1966 and held military occupational specialty 76A (Supply Clerk).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 20 August 1967 to 29 December 1967.  This form also shows:

	a.  he served with:

* Company A, 1st Engineer Battalion, 1st Infantry Division, from 1 September 1967 to 7 September 1967
* Company B, 1st Engineer Battalion, 1st Infantry Division, from 8 September 1967 to 24 December 1967

	b.  he was assigned to a military hospital in Vietnam in a patient status from 25 to 29 December 1967.  His records indicate he was medically evacuated as a result of an illness or injury not related to or caused by combat.

4.  He was honorably released from active duty on 30 August 1968 after completing 1 year, 9 months, and 24 days of net active service of which 4 months and 6 days were credited as foreign service in U.S. Army Vietnam.

5.  His DD Form 214 shows he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal

6.  His DD Form 214 does not list his Vietnam service or service dates in the remarks block.

7.  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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but:

* were wounded as a result of hostile action
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in the line of duty

8.  Army Regulation 600-8-22 also states one bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase III Campaign (1 June 1967-29 January 1968).

9.  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 his unit was cited for award of the:

* Meritorious Unit Commendation for the period 16 May 1967 through 2 June 1968 in Department of the Army General Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 in DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970 in DAGO Number 53, dated 1970

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated for:

	a.  to enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 41 (Decorations and Awards) of the individual's DA Form 20, omitting authorities cited therein; and

	b.  to indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for the service in Indochina and Korea in the remarks block.  Where the records reflect assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "yes" for Indochina.  Sample entries are as follows:

* to show service in Vietnam only – "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No"
* to show service in Indochina (other than Vietnam) only – "Indochina – Yes, Vietnam – No, Korea – No"
* to show service in Korea only – "Indochina – No, Vietnam – No, Korea – Yes"

DISCUSSION AND CONCLUSIONS:

1.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded to Soldiers who were assigned to Vietnam for 6 or more months.  The applicant was assigned to Vietnam for less than 6 months and although he was medically evacuated, this did not occur as a result of a hostile combat injury.  Therefore, he does not qualify for this award.

2.  The evidence of record shows he participated in one campaign while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star with his previously-awarded Vietnam Service Medal.

3.  During his service in Vietnam, general orders awarded his unit the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

4.  The evidence of record shows he served in Vietnam from 20 August 1967 to 29 December 1967.  Therefore, he is entitled to correction of his DD Form 214 to show he served in Vietnam during this period.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* one bronze service star with his previously-awarded Vietnam Service Medal

	b.  adding the entry "Vietnam – 20 August 1967 to 29 December 1967, Indochina – Yes, Korea – No" to the remarks block of his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding award of the Republic of Vietnam Campaign Medal with Device (1960) to 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)                                         AR20130010739



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ABCMR Record of Proceedings (cont)                                         AR20130010739



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