BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130019971 


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 his foreign service in Vietnam.

2.  The applicant states he needs his record to show proof of his Vietnam service.  The Vietnam Service Medal is not proof enough that he served in Vietnam and there is no record of the ship that transported him there.

3.  The applicant provides his DD Form 214, orders, a page titled Master's Report, and a copy of a Thanksgiving Day 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.  The applicant's record shows he was inducted into the Army of the United States on 1 April 1964.  His erecord contain a DA Form 20 Enlisted Qualification Redcrd thatrshows in item 31 Foreign Service He served in Vietnam from 4 October 1965 to 25 March 1966 Item 35 Record of Asinments shows that while serving in Vietnam he was assigned to the 6th Battalion, 14th Artillery Regiment.

3.  On 26 March 1966 He was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve.

4.  Item 24c (Foreign and/or Sea Service) of the DD Form 214 he was issued shows he completed 5 months and 22 days of fo         reign service in the U.S. Army Pacific (USARPAC).

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Vietnam Service Medal.

6.  Item 32 (Remarks) of his DD Form 214 does not show service in Vietnam.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214.  It stated to enter the total active duty performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed.  There were no provisions to enter the dates of the foreign service on the DD Form 214.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.

8.   Army Regulation 600-8-22 (Military Awards) states the:

	a.  National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	b.  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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in two campaigns.

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 6th Battalion, 14th Artillery was cited for award of the:

* Presidential Unit Citation for the period 23 October 1965 through 26 November 1965, by Department of the Army  General Order (DAGO) Number 40, dated 1967
* Meritorious Unit Commendation for the period 27 November 1965 through 10 November 1967, by DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 23 October 1965 through 23 June 1970, by DAGO Number 56, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam from 4 October 1965 to 25 March 1966.  At the time of his separation, there was no regulatory povisisonds to specifically list service in Vietnam on the DD Form 214.  However, later versions required an entry listing the inclusive dates of Vietnam service.  As such, there is no harm to the Army or the Soldier if his service in Vietnam is added to item 32 of his DD Form 214.

2.  His record confirms that during his service in Vietnam he participated in two campaigns.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

3.  He served during a qualifying period for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show thisaward.

4. His unit in Vietnam was awarded the Presidential Unit Citation, MeritoriousUnit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.



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 as follows:

* deleting from item 26 of his DD form 214 the Vietnam Service Medal
* adding to item 26 of his DD Form 214 the :

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding to item 32 the entry "SERVICE IN VIETNAM FROM 19651004 – 19660325."



      _________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)                                         AR20130019971





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ABCMR Record of Proceedings (cont)                                         AR20130019971



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