IN THE CASE OF
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130022234
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his foreign service in the Republic of Vietnam.
2. The applicant states he was in Vietnam for one week and was sent back home because his father died. Instead of returning to Vietnam after the burial, he was sent to Korea.
3. The applicant provides his DD Form 214, ending 10 April 1971.
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 7 April 1969.
3. Special Orders Number 255, issued by Headquarters, U.S. Army Personnel Center, Oakland, CA, dated 12 September 1969, show the applicant was to be reassigned to the U.S. Army Republic of Vietnam (USARV) Transient Detachment for further assignment to an organization/unit. His departure date from Oakland, CA was on or about 12 September 1969.
4. His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in Vietnam from 12 to 19 September 1969, and Korea from
31 May 1970 to 31 March 1971.
5. Item 38 (Record of Assignment) does not list a unit of assignment in Vietnam.
6. A review of his military personnel record shows that the applicant's father passed away on 9 September 1969 and he subsequently requested a compassionate reassignment based upon his "Sole Surviving Son" status in order to be of assistance to his mother. One of the letters written in support of the applicant's request indicates that the applicant arrived in Vietnam on
12 September and returned from Vietnam on emergency leave to attend his father's funeral.
7. On 10 April 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 2 years and 4 days of creditable active service of which 10 months and 16 days was served overseas in the U.S. Army Pacific (USARPAC).
8. His DD Form 214 shows in:
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal, Army Good Conduct Medal, and a Marksman Marksmanship Qualification Badge
(M-16)
* item 30 (Remarks) the entry "VN SERVICE: NONE"
9. 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.
10. Army Regulation 600-8-22, paragraph 2-13, states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam the applicant participated in the following campaign:
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
11. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance for preparation of the DD Form 214. It stated item 22c would show the total active duty service 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, e.g., USARPAC. Furthermore, the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30.
DISCUSSION AND CONCLUSIONS:
The available record shows that from on or about 12 September 1969 to on or about 19 September 1969 he was assigned to Vietnam. Regulatory guidance, in effect at the time, stated to enter the inclusive dates of service in Vietnam in item 30 of the DD Form 214. Further, this is a qualifying period of service for award of the Vietnam Service Medal. Therefore, his DD Form 214 should be corrected to show his foreign service and to show this award.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 30 of his DD Form 214 the entry "VN Service: None" and replacing it with the entry "Vietnam Service 12 Sep 69-19 Sep 69" and
b. adding to item 24 of his DD Form 214 the Vietnam Service Medal with one bronze service star.
___________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) AR20130022234
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ABCMR Record of Proceedings (cont) AR20130022234
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