IN THE CASE OF:	   

		BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140007739 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Vietnam service.

2.  The applicant states, in effect, he needs his DD Form 214 updated to verify his Vietnam service.  He is applying for benefits from the Department of Veterans Affairs.

3.  The applicant provides a copy of his 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 17 May 1963.  He was awarded military occupational specialty 71K (personnel management specialist).  He served in Korea from 7 October 1963 through 26 October 1964, a period of 1 year and 19 days.

3.  He served in Vietnam from 10 October 1965 through 27 April 1966, during two campaigns.  He was assigned Headquarters and Headquarters Company, 159th Engineer Group (Construction).

4.  He was honorably released from active duty on 28 April 1966.  He was credited with completing 2 years, 11 months, and 12 days of active service.  His DD Form 214 lists in:

* Item 22c (Foreign and/or Sea Service) – 1 year, 7 months, and 12 days, U.S. Army Pacific (USARPAC)
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Vietnam Service Medal
* Army Good Conduct Medal (1st Award)
* one overseas service bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

* Item 30 (Remarks) - does not list his service dates for Vietnam

5.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 22c - would list all periods of foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed
* There were no provisions for listing the country in which the last period of overseas service was performed and/or identifying the country as a combat zone in item 30 of the DD Form 214

6.  Army Regulation 635-5, dated 22 May 1972, stated:


* Item 22c would list the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e., USARPAC 
* Item 30 would list the inclusive dates of service for Vietnam and indicate indicating "yes" or "no" for service in Indochina and Korea; the entry would state for Vietnam service only, "Vietnam – the dates, Indochina-Yes, Korea-no"

7.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. 

   b.  The Republic of Vietnam Campaign Medal with Device 1960) is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who have served in Vietnam for a period of 6 months.

	c.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

   d.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.

8.  Department of the Army (DA) Pamphlet 672–3 (Decorations, Awards, and Honors Unit Citation and Campaign Participation Credit Register) shows DA General Order Number 8, dated in 1974, authorized award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, to all personnel assigned to the United States Army Vietnam.






DISCUSSION AND CONCLUSIONS:

The applicant's service personnel record shows he served in Vietnam from 10 October 1965 through 27 April 1966, a period of 6 months and 17 days.  Therefore, it would equitable to correct item 30 of his DD Form 214 to show his dates of service for Vietnam.  Based on this correction and their omission, the evidence shows:

   a.  He served in Vietnam during two campaigns; therefore, he is entitled to award of two bronze service stars to be added to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

   b.  He completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal, National Defense Service Medal, and Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

   c.  Orders authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected 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 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: 

* deleting from his DD Form 214 the Vietnam Service Medal
* adding to this DD Form 214 the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding to item 30 of his DD Form 214 the entry, Vietnam service – 10 October 1965 – 27 April 1966. 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)                                         AR20140007739





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ABCMR Record of Proceedings (cont)                                         AR20140007739



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