IN THE CASE OF:	  

		BOARD DATE:	  13 March 2013

		DOCKET NUMBER:  AR20130011344 


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 and Germany.

2.  The applicant states:

* he wants his DD Form 214 amended to show his overseas tours of duty in Vietnam and Germany so that he can receive veterans medical benefits
* his record of assignments clearly show the dates he served in these countries

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record)
* 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 bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 4 August 1969 for a period of 
3 years.

3.  His DA Form 20 shows:

* he served in Vietnam from 26 January through 11 December 1970
* he served as a clerk assigned to Headquarters and Headquarters Company (HHC), 164th Aviation Group (Combat) in Vietnam from
29 January to 11 December 1970
* he served in Germany from 3 February 1971 through 24 July 1972

4.  Records show he participated in three campaigns during his assignment in Vietnam.

5.  Orders, dated 5 May 1970, show he received the Army Commendation Medal for meritorious achievement for the period 23 February to 30 April 1970 in Vietnam.

6.  On 9 March 1972, he was honorably released from active duty.

7.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar.

8.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows his foreign service as 1 year, 1 month, and 22 days.

9.  Item 30 (Remarks) of his DD Form 214 shows the entry "V [Vietnam] – 
26 JANUARY 1970 THROUGH 11 DECEMBER 1970, I [Indochina] – YES, K [Korea] – NO."

10.  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 HHC, 164th Aviation Group was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 December 1969 to 10 October 1970 in Department of the Army General Orders (DAGO) 51, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1969 to 30 September 1970 in DAGO 6, dated 1974
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 to 31 August 1972 in DAGO 6, dated 1974

11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

12.  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 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.  The regulation also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 
30 with the inclusive dates of service in Vietnam and the entries "Yes" or "No" for service in Indochina and Korea.  There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.

13.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  The regulation states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  

14.  Army Regulation 600-8-22 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.








DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends his DD Form 214 does not reflect his tour of duty in Vietnam, item 30 of his DD Form 214 shows he served in Vietnam from 26 January 1970 to 11 December 1970.  However, that entry is not clearly understood and it would be appropriate to correct it to show "Vietnam – 26 January 1970 through 11 December 1970, Indochina – Yes, Korea – No." 

2.  There is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command.  His service in Germany is properly reflected on his DA Form 20 and in his foreign service computation item 22c of his DD Form 214.  However, in accordance with the governing regulation, item 22c should be corrected to show his last overseas theater was U.S. Army, Europe (USAREUR).  He may provide this Record of Proceedings to his Department of Veterans Affairs office as verification that he served in Germany.

3.  As a related issue, he is authorized the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960) based on his service in Vietnam and participation in three campaigns.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  Orders show he received the Army Commendation Medal.  Therefore, his 
DD Form 214 should be corrected to show this medal. 

5.  His unit in Vietnam was cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show three unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  deleting the entry "V – 26 JANUARY 1970 THROUGH 11 DECEMBER 1970, I – YES, K – NO" in item 30 of his DD Form 214 and replacing it with the entry "Vietnam – 26 January 1970 through 11 December 1970, Indochina – Yes, Korea – No"; 
 
	b.  adding the entry 'USAREUR" to item 22c of his DD Form 214; and

	c.  adding the Army Commendation Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 Awards) to his DD Form 214.

2.  The Board further determined that 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 showing his service in Germany on 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)                                         AR20130011344



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ABCMR Record of Proceedings (cont)                                         AR20130011344



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