IN THE CASE OF:	  

		BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20140003085 


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 the Republic of Vietnam.

2.  The applicant states he is a Vietnam veteran and in order to claim compensation benefits from the Department of Veterans Affairs (VA) he must have proof of his service.

3.  The applicant provides:

* DD Form 214
* 2 pages of his DA Form 20 (Enlisted Qualification Record)

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 28 June 1966.  His records show he served in the Republic of Vietnam from 23 January 1967 to 26 February 1968 and he was assigned to the 171st Transportation Detachment, from 2 February 1967 to 17 January 1968.

3.  On 27 June 1968, he was honorably released from active duty at the expiration of his term of service.  The DD Form 214 he was issued at the time shows in item 22c (Foreign and/or Sea Service) the entry "USARPAC 1 1 3" which means he served in the U.S. Army Pacific Theater for 1 year, 1 month, and 3 days.  This form further shows he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  Army Regulation 600-8-22 (Military Awards) provides that 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.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive, Phase II
* Vietnam Counteroffensive, Phase III
* TET Counteroffensive

5.  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 the 171st Transportation Detachment was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967 by Department of the Army General Order (DAGO) Number 22, dated 1968; and 
   
   b.  Meritorious Unit Commendation for the period 1 January to 31 December 1967 by DAGO Number 48, dated 1968.

6.  Army Regulation 600-8-22 states 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. 

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for item 22c, enter the total period of active duty served outside of the continental limits of the United States for the period covered by the DD Form 214 and to enter the last overseas theater (e.g., USARPAC) in which the service was performed.

8.  Change Number 15 to Army Regulation 635-5, effective 15 March 1972, changed the regulation to indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "Yes" for Indochina.  For example, to show service in Vietnam only, enter "Vietnam – 6 Apr 70 through 28 May 71, Indochina – Yes, Korea – No."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his service in the Republic of Vietnam has been carefully considered and found to have merit.

2.  The evidence clearly shows the applicant served in the Republic of Vietnam for the period 23 January 1967 to 26 February 1968; however, item 30 (Remarks) does not show the location and specific dates of the applicant's foreign service.

3.  Although it was not until March 1972 that Change Number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his service in the Republic of Vietnam during the period 23 January 1967 through 26 February 1968 to his DD Form 214.




4.  DAGOs awarded his unit the following awards during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation

5.  The evidence revealed the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with three bronze service stars.

6.  Records show the applicant served a qualifying period of service in the Republic of Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this campaign medal.

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 amending his DD Form 214 by: 

   a.  adding the:

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




   b.  adding the entry "Vietnam - 23 Jan 67 through 26 Feb 68, Indochina - Yes, Korea - No" to item 30 of 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)                                         AR20140003085



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ABCMR Record of Proceedings (cont)                                         AR20140003085



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