IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140002573
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 does not reflect his service in Vietnam.
He believes he may be eligible for veterans' benefits and medical treatment from his exposure in Vietnam.
3. The applicant provides no additional evidence.
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 was inducted into the Army of the United States on 4 November 1965.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 16 May 1967 to 25 October 1967 and participated in two campaigns while assigned to Battery B, 3d Howitzer Battalion, 16th Artillery Regiment.
4. He was honorably released from active duty on 27 October 1967. His DD Form 214 shows he completed 1 year, 11 months, and 24 days of active service during this period, including 5 months and 12 days of foreign service under the command of U.S. Army Pacific. His DD Form 214 also shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
5. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
6. Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. It provided that the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c (Foreign and/or Sea Service). 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he served in Vietnam from 16 May 1967 to 25 October 1967 and participated in two campaigns during this period.
2. His DD Form 214 shows he completed 5 months and 12 days of foreign service under the command of U.S. Army Pacific. However, later versions of Army Regulation 635-5 provided the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in the remarks block. Therefore, the remarks block of his DD Form 214 should be corrected to show the statement: "Vietnam Service 16 May 1967-25 October 1967."
3. As a related issue, his DD Form 214 should be corrected to show award of two bronze service stars with his already-awarded Vietnam Service Medal for his participation in two campaigns.
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:
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding award of the Vietnam Service Medal with two bronze service stars to his DD Form 214
* adding the statement "Vietnam Service 16 May 1967-25 October 1967" to his DD Form 214
___________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) AR20140002573
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ABCMR Record of Proceedings (cont) AR20140002573
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