BOARD DATE:	 12 August 2014 

		DOCKET NUMBER:  AR20130021817 


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 service in Vietnam.

2.  The applicant states his DD Form 214 is incomplete as it does not show the dates of his service in Vietnam.  This has caused problems when applying for Department of Veterans Affairs (VA) benefits.

3.  The applicant provides 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 enlisted in the Regular Army on 12 July 1963.  Special Orders (SO) Number 180, dated 4 November 1963, issued by the 3rd Training Regiment, Fort Gordon, GA, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

3.  He served in Vietnam from 19 January 1966 to 11 June 1966 while assigned to the 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division.

4.  He was honorably released from active duty on 12 June 1966 and he was transferred to the U.S. Army Reserve.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows award of the:

* Parachutist Badge
* Combat Infantryman Badge
* Vietnam Service Medal
* overseas service bar
* National Defense Service Medal

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

7.  His record contains General Orders (GO) Number 2154, dated 23 June 1966, issued by Headquarters (HQ), 1st Cavalry Division, awarding him the Army Good Conduct Medal (1st Award) for the period 12 July 1963 to 11 July 1966.

8.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified expert with the M-14 rifle.

9.  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 in the remarks block.

10.   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.  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 the Vietnam Counteroffensive (25 December 1965 - 30 June 1966) campaign.

11.  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 2nd Battalion, 7th Cavalry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 through 19 May 1969, by Department of the Army General Orders Number 70, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam from 19 January 1966 to 11 June 1966.  At the time of his separation, there was no regulatory provision to 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.  Orders awarded him the Army Good Conduct Medal (1st Award) Therefore his DD form 214 should be corrected to show this award.  Orders awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and his record confirms he qualified expert with the M-14 rifle; therefore his DD Form 214 should also be corrected to show these marksmanship badges.

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

4.  His unit in Vietnam was awarded 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:

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Expert Marksmanship Qualification Badge with Machine Gun Bar
(M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding to item 32 the entry "SERVICE IN VIETNAM FROM 19660119 to  19660611"



      ___________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)                                         AR20130021817





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ABCMR Record of Proceedings (cont)                                         AR20130021817



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