IN THE CASE OF:	  

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140006811 


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.

2.  The applicant states he wants his discharge document to show his service in Vietnam.

3.  The applicant provides:

* DA Form 2139 (Military Pay Voucher)
* discharge orders
* 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 24 June 1964.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* he served in Vietnam from 11 September 1965 to on or about 14 June 1966
* he served as a power plant operator/mechanic assigned to Battery C, 6th Battalion, 71st Artillery Regiment, in Vietnam

4.  Records show he participated in two campaigns during his assignment in Vietnam.

5.  On 17 June 1966, he was honorably released from active duty.  His DD Form 214 shows in:

* item 24c (Foreign and/or Sea Service) – 9 months and 5 days under the command of U.S. Army Pacific (USARPAC)
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Sharpshooter Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, one overseas service bar, and Army Good Conduct Medal (1st Award)
* item 32 (Remarks) – no service in Vietnam

6.  Army Regulation 600-8-22 (Military Awards) 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.  A bronze service star is worn on the VSM for each credited campaign.

7.  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.

8.  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 6th Battalion, 71st Artillery Regiment, was awarded the Meritorious Unit Commendation (MUC) for actions during the period September 1965 to July 1966 by Department of the Army General Orders (DAGO) 17, dated 1968.

9.  DAGO 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.

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 11 September 1965 to on or about 14 June 1966 and is accepted as sufficient evidence with which to add the entry "Vietnam Service:  11 September 1965 to 14 June 1966" to item 32 of his DD Form 214.

2.  As a related issue, he is authorized award of the VSM with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960) based on his service in Vietnam and participation in two campaigns.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  His unit in Vietnam was awarded the MUC during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit 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.  amending item 26 of his DD Form 214 to add the following awards:

* VSM with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960) 
* MUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	b.  amending item 32 of his DD Form 214 to add the entry:  "Vietnam Service:  11 September 1965 to 14 June 1966."



      _____________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)                                         AR20140006811



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ABCMR Record of Proceedings (cont)                                         AR20140006811



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