BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140000907 


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 add any awards to which he is entitled as a result of his Vietnam service.

2.  The applicant states he served in Vietnam but his DD Form 214 does not show his Vietnam service medals or awards.

3.  The applicant provides 

* the reverse side of his DD Form 4 (Enlistment Record-Armed Forces of the United States)
* DA Form 20 (Enlisted Qualification Record)
* 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 5 February 1964 and held military occupational specialty 56A (Supply Handler).  The highest rank/grade he attained while serving on active duty was private first class/E-3.

3.  Special Orders (SO) Number 45, issued by Headquarters, 1st Training Regiment, U.S. Army Training Center, Fort Gordon, GA, on 23 March 1964 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

4.  SO Number 85, issued by Headquarters, 3rd Training Regiment, Infantry, U.S. Army Training Center, Fort Gordon, GA, on 4 June 1964 awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  SO Number 191, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY, on 8 August 1966 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  His DA Form 20 shows he was assigned to:

	a.  Germany from 25 June 1964 to 25 May 1966 and served with Company C, 1st Battalion, 545th Infantry and 

	b.  Vietnam from 4 October 1966 to 28 January 1967 and served with:

* 402nd Transportation Company from 4 October 1966 to 7 October 1966
* 402nd Transportation Company, attached to 125th Transportation Command from 8 October 1966 to 16 December 1966
* 117th Transportation Company from 17 December 1966 to 25 January 1967

7.  He was released from active duty under honorable conditions on 3 February 1967.  His DD Form 214 shows he completed 2 years, 11 months, and 29 days of net active service of which 1 year, 2 months, and 29 days were credited as 
foreign service.  Item 26 (Decorations, Medals, Badges, Commendations, 
Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list any awards and item 32 (Remarks) of his DD Form 214 does not list his foreign service in Vietnam.

8.  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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, he was awarded participation credit for one campaign.

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms the:

	a.  402d Transportation Company was cited for award of the:

* Meritorious Unit Commendation for the period 1 October 1966 to 
31 December 1967, by Department of the Army (DAGO) Number 17, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 to 26 March 1967, by DAGO Number 22, dated 1968

	b.  117th Transportation Company was cited for award of the Meritorious Unit Commendation for the period 1 June 1966 to 31 December 1967, by DAGO Number 7, dated 1969.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The instructions specified:

	a.  for item 26, enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 41 (Decorations and Awards) of the 
individual's DA Form 20, omitting authorities cited therein; and

	b.  for item 32 (Remarks), indicate Indochina and Korea service performed on or after 5 August 1964 by entering the inclusive dates of service for Vietnam and indicating "Yes" or "No" for the service in Indochina and Korea.  Where the records reflect assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "Yes" for Indochina.  Sample entries are as follows:

* to show service in Vietnam only – "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No"
* to show service in Indochina (other than Vietnam) only – "Indochina – Yes, Vietnam – No, Korea – No"
* to show service in Korea only – "Indochina – No, Vietnam – No, Korea – Yes"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from 4 October 1966 to 28 January 1967.  Therefore, he is entitled to correction of his DD Form 214 to add this military service in item 32 of his DD Form 214.

2.  His records show his service in Vietnam met the requirements for award of the Vietnam Service Medal.  Additionally, he participated in one campaign while serving in Vietnam.  Therefore, he is authorized one bronze service star with his Vietnam Service Medal and correction of his DD Form 214 to show this award.

3.  DAGO awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation (2nd Award).  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.  

4.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to add these badges.  

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.  adding to item 26 of his DD Form 214 the:

* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

	b.  adding to item 32 of his DD Form 214 the entry "Vietnam – 4 October 1966 to 28 January 1967, Indochina – Yes, Korea – No."



      _______ _ 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)                                         AR20140000907





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ABCMR Record of Proceedings (cont)                                         AR20140000907



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