IN THE CASE OF: 

		BOARD DATE:	    8 April 2014

		DOCKET NUMBER:  AR20130013140 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in the Republic of Vietnam (RVN) and all of his authorized awards.

2.  The applicant states, in effect, he served in the RVN; however, his DD Form 214 does not show this service or all of his authorized awards and it is adversely affecting his ability to obtain veterans' benefits.

3.  The applicant provides a copy of 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 bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 6 December 1966.  He was awarded military occupational specialty 76Y (Supply Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments):  Headquarters Company, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division, from 1 March through 23 November 1968;

	b.  item 41 (Awards and Decorations):

* National Defense Service Medal 
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal
* one overseas service bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 23 November 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 1 year, 11 months, and 18 days of net active service.  It also shows in:

	a.  item 22c (Foreign and/or Sea Service), he completed 1 year, 1 month, and 23 days of foreign service in the U.S. Army Pacific (USARPAC);

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar
* one overseas service bar

	c.  item 30 (Remarks), no entry for service in the RVN.

5.  A review of the applicant's military personnel records show evidence that he was awarded or authorized additional individual decorations.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any additional award orders pertaining to the applicant.
7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The VSM 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 will be awarded for wear on the VSM for participation in each credited campaign.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)

	c.  The RVN 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the 1st Battalion, 14th Infantry Regiment, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 28 July 1969 in Department of the Army General Orders Number 3, dated 1970.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It established standardized policy for preparing and distributing the DD Form 214.  It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation.  Subsequent to the applicant's release from active duty, a regulatory change was introduced pertaining to the remarks section of the DD Form 214 that provided for entering inclusive dates of service in Vietnam during the current period of service.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in the RVN and all of his authorized awards.

2.  Records show the applicant was credited with service in Vietnam from 18 February 1968 through his departure on 23 November 1968.  Thus, it would be appropriate to show this service in item 30 of his DD Form 214.

3.  The evidence of record shows:

	a.  The applicant qualified for award of the VSM and he participated in four campaigns during his service in Vietnam.  Thus, he is entitled to four bronze service stars for wear on his already-awarded VSM.

	b.  The applicant qualified for award of the RVN Campaign Medal with Device (1960).

	c.  General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation.

4.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service in the RVN and his awards and decorations as recommended below.

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:

	a.  deleting award of the Vietnam Service Medal from item 24 of his DD Form 214;
	b.  adding the following awards to item 24 of his DD Form 214:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  adding the entry:  "Vietnam Service:  18 February 1968-23 November 1968" to item 30 of 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)                                         AR20130013140



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ABCMR Record of Proceedings (cont)                                         AR20130013140



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