IN THE CASE OF:	  

		BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20140003860 


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 foreign service in Vietnam and any awards and decorations to which he may be entitled for this service.

2.  The applicant states, in effect:

* he wants his active duty service in Vietnam from August 1965 to November 1965 shown on his DD Form 214
* he never received the appropriate medals for his foreign service

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record)
* discharge orders from the U.S. Army Reserve (USAR)
* Application for Compensation from the Vietnam Conflict Compensation Fund of the State of Ohio
* 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 was inducted into the Army of the United States on 12 November 1963.

3.  His DA Form 20 shows:

* he served in Vietnam from 17 August 1965 to 8 November 1965
* he served as a radio teletype operator assigned to Headquarters Battery, 2nd Howitzer Battalion, 17th Artillery Regiment, in Vietnam

4.  Records show he participated in one campaign during his assignment in Vietnam.

5.  On 11 November 1965, he was honorably released from active duty.  His DD Form 214 shows:

* item 24c (Foreign and/or Sea Service) his foreign service as 2 months and 23 days in U.S. Army Pacific
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the Army Good Conduct Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* item 32 (Remarks) does not show any service in Vietnam

6.  He was honorably discharged from the USAR on 31 October 1969.

7.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

8.  Army Regulation 600-8-22 states the Vietnam Service Medal (VSM) was 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.  The regulation states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the VSM.

9.  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 2nd Battalion, 17th Artillery Regiment, was cited for award of the:

* Presidential Unit Citation (PUC) for actions during the period 23 October to 26 November 1965 in Department of the Army General Orders (DAGO) 40, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 in DAGO 54, dated 1974

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  This regulation provided that 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 the service was performed would be entered in item 24c.  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 DA Form 20 shows he served in Vietnam from 17 August 1965 to 8 November 1965 and is accepted as sufficient evidence with which to add the entry "Vietnam Service:  17 August 1965 to 8 November 1965" to item 32 of his DD Form 214.

2.  He served a period of qualifying service for award of the NDSM.  Therefore, his DD Form 214 should be correct to show this medal.

3.  He is authorized award of the VSM with one bronze service star, based on his service in Vietnam and participation in one campaign.  Therefore, his DD Form 214 should be corrected to show this award.

4.  His unit in Vietnam was cited for award of the PUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.



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.  amending item 26 of his DD Form 214 to add the following awards:

* NDSM
* Vietnam Service Medal with one bronze service star
* PUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	b.  amending item 32 of his DD Form 214 to add the entry "Vietnam Service:  17 August 1965 to 8 November 1965." 




      _______ _   _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)                                         AR20140003860



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ABCMR Record of Proceedings (cont)                                         AR20140003860



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