IN THE CASE OF

		BOARD DATE:	   22 July 2014

		DOCKET NUMBER:  AR20130021181 


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) for the period ending 22 August 1966 to show the Vietnam Service Medal (VSM). 

2.  The applicant states his DD Form 214 shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entry "USM" but the entry should read "VSM."  He adds that the error has caused him problems at the Department of Veterans Affairs hospital because he is not being treated as a Vietnam veteran.

3.  The applicant provides a DD Form 214 for the period ending 22 August 1966 and a DD Form 214 for the period ending 22 August 1960.

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 18 August 1958.  On 23 August 1960, he reenlisted for a period of 6 years.  

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

	a.  item 31 (Foreign Service), he served in Vietnam from 13 May 1965 to 
22 April 1966;

	b.  item 38 (Record of Assignments), he served with Headquarters and Headquarters Company (HHC), 35th Engineer Group during his service in Vietnam;

	c.  item 41 (Awards and Decorations) the VSM is included as an authorized award.

4.  He was honorably discharged on 22 August 1966.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Army Good Conduct Medal (2nd award)
* "USM"  (unknown award abbreviation, interpreted to mean the VSM)
* National Defense Service Medal
* one overseas stripe (correctly known as overseas service bar)
* "Crmn Chw/Prop Bar" (unknown award abbreviation)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Carbine Bar (M-1)

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

	a.  The VSM 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.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  Appendix B shows that during his service in Vietnam participation credit was awarded for the following two campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)  
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

	b.  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.

6.  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 that during his assignment to HHC, 35th Engineer Group, this unit was cited for award of the Meritorious Unit Commendation for the period June 1965-May 1966 in Department of the Army General Orders DAGO Number 17, dated 1968. 

7.  Paragraph 6d states 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. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the VSM has been carefully considered.  

2.  Item 26 of the applicant's DD Form 214 shows the entry "USM."  This award abbreviation is not recognized; however, it is presumed that the intent of the DD Form 214 preparer was to enter the VSM instead of the "USM."  The applicant served a period of qualifying service in Vietnam for award of the VSM.  Additionally, he participated in two campaigns during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show the VSM with two bronze service stars.  The entry that reads "USM" should be deleted from item 26 of his DD Form 214.

3.  He also served a period of qualifying service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960).  This award should be added to his DD Form 214.  

4.  His unit in Vietnam was cited in general orders for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  All units in Vietnam were cited for award of 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 this unit award.
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:

	a.  deleting from item 26 of his DD Form 214for the period ending 22 August 1966 the entry "USM" 

	b.  adding to item 26 of his DD Form 214 for the period ending 22 August 1966 the:

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




      ____________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)                                         AR20130021181



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ABCMR Record of Proceedings (cont)                                         AR20130021181



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