IN THE CASE OF:	  

		BOARD DATE:	 22 April 2014 

		DOCKET NUMBER:  AR20130014701 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his service in Vietnam and reconsideration of his request to upgrade his discharge under other than honorable conditions.

2.  The applicant states, in effect, that his DD Form 214 does not reflect his foreign service in Vietnam.  

3.  The applicant provides a two-page letter explaining his application, medical descriptions of his illnesses, a letter from a psychologist, a copy of his previous record of proceedings from the Board, a copy of his record of assignments from his DA Form 20 (Enlisted Qualification Record), and copies of clinical records of treatment.

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.  Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and it has not previously been reconsidered.  The applicant’s request for an upgrade of his discharge was considered by the Board in ABCMR Docket Number AR20040007339 on 7 July 2005.  The ABCMR will not consider any further requests for reconsideration of this matter and it will not be discussed further in these proceedings.  However, he has the option to seek relief in a court of appropriate jurisdiction.

3.  The applicant enlisted in the Regular Army on 9 November 1967 for a period of 3 years.  He completed his one-station unit training at Fort Polk, Louisiana and received orders transferring him to Fort Lewis, Washington for movement to Vietnam with a report date of 12 June 1968.  He failed to report as ordered and was reported as being absent without leave (AWOL).

4.  He remained absent until 24 June 1968 and nonjudicial punishment was imposed against him on 29 June 1968 for the AWOL offense.

5.  He was transferred to Vietnam on 6 July 1968.  On 25 July 1968, he was injured in the right hand while test firing a grenade launcher.  The grenade exploded and hit him in the hand.  He was medically evacuated to a hospital in Japan on 21 August 1968.  He had participated in one campaign and served in Vietnam a period of 1 month and 6 days.

6.  On 16 February 1975, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served 1 year, 3 months, and 25 days of active service and had 1,442 days of lost time due to AWOL.  His DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal and in:

	a.  Item 22c (Foreign and/or Sea Service) – 0 Years 0 Months 0 Days and

	b.  Item 30 (Remarks) does not reflect his service in Vietnam. 

7.  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.  

8.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

9.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to          28 March 1973.

10.  Change Number 11 to Army Regulation 635-5 (Separation Documents), effective 27 January 1970, prescribed additional entries regarding inclusive dates of service in Vietnam to be entered in "Remarks" section of the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 6 July to 21 August 1968 for a period of 1 month and 16 days of foreign service and is entitled to have that service reflected in items 22c and 30 of his DD Form 214 on his DD Form 214.

2.  The applicant also served during a qualifying period for award of the Vietnam Service Medal with one bronze service star and is entitled to have that award added to his DD Form 214.  In addition, all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and this award should also be added to his DD Form 214.

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:

* deleting the entry “0 0 0” from item 22c of his DD Form 214
* adding the entry “0 1 16” to 22c of his DD Form 214
* adding the Vietnam Service Medal with one bronze service and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his         DD Form 214
* adding the entry “Service in Vietnam 6 July to 21 August 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)                                         AR20130014701





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ABCMR Record of Proceedings (cont)                                         AR20130014701



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