IN THE CASE OF:	  

		BOARD DATE:	  26 June 2014

		DOCKET NUMBER:  AR20130017100 


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 Vietnam service.

2.  The applicant states, in effect, his DD Form 214 does not show the dates of his Vietnam service and he needs proof he was there for medical purposes.

3.  The applicant provides:

* Statement of Service from the Department of the Navy
* DD Form 214 for the period ending 5 January 1969
* military retiree identification card
* Noncommissioned Officer (NCO) Open Mess Membership Club Card

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.  After having a prior period of honorable service in the U.S Navy, the applicant enlisted in the Regular Army on 21 November 1963.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service), service in:

*	USARPAC (U.S. Army Pacific), Okinawa from 11 September 1965 through 19 March 1967
*	USARPAC, Vietnam from 8 January 1968 to 1 January 1969 

* item 38 (Record of Assignments), in part, 97th Transportation Company from 12 January 1968 to 2 January 1969

* item 41 (Awards and Decorations), in part, special orders awarded him the Expert Marksmanship Qualification Badge with Carbine Bar

4.  On 5 January 1969, the applicant was honorably discharged.  His DD Form 214 shows in:

* item 22b (Total Active Service), 8 years, 10 months, and 22 days
* item 22c (Foreign and/or Sea Service), USARPAC, 1 year, 11 months, and 22 days
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

*	National Defense Service Medal
*	Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Vietnam Service Medal
*	2 Overseas Service Bars

5.  As a related matter, a review of the applicant's records show he is entitled to additional awards and decorations. 

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  
   a.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star denotes five bronze service stars.

   b.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

		*	Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)
		*	Tet Counteroffensive (30 January 1968 – 1 April 1968)
		*	Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968)
		*	Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968)
		*	Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February
			1969)

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  This pamphlet shows:

   a.  The 97th Transportation Company was cited for award of the Meritorious Unit Commendation by Department of the Army General Order (DAGO) Number 39, dated 1970, as amended by DAGO Number 11, dated 1973, for the period 6 December 1967 through 30 June 1968.

   b.  Paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  The regulation provided that the total active duty service 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.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in Block 30 (Remarks), as follows:  "Vietnam Service:  From Date to Date."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show his service in Vietnam was carefully considered and determined to have merit. 

2.  His foreign service theater is shown on his DD Form 214 for the period ending 5 January 1969; however, the geographic location was not required to be shown during his time of service.  Later regulations required the inclusive dates of service in Vietnam; therefore, it would be appropriate to show his service in Vietnam in Item 30 (Remarks) of his DD Form 214 for the period ending 5 January 1969.

3.  The applicant was awarded the Vietnam Service Medal and he served in Vietnam during five campaigns; therefore, he is entitled to correction of his DD Form 214 for the period ending 5 January 1969 to show this award with one silver service star.

4.  General orders awarded the unit to which he was assigned while in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 for the period ending 5 January 1969 to show these unit awards.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Carbine Bar; therefore, he is entitled to correction of his DD Form 214 for the period ending 5 January 1969 to show this badge.

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 for the period ending 5 January 1969 as follows:

* removing the Vietnam Service Medal
* adding to item 24 award of the:

*	Vietnam Service Medal with one silver service star
*	Meritorious Unit Commendation
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Expert Marksmanship Qualification Badge with Carbine Bar

* adding to item 30 "Vietnam Service:  From 8 January 1968 to 2 January 1969"



      _______ _   _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)                                         AR20130017100



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ABCMR Record of Proceedings (cont)                                         AR20130017100



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