BOARD DATE:	  22 January 2015

		DOCKET NUMBER:  AR20140008777 


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 by adding the Republic of Vietnam (RVN) Campaign Medal with Device (1960).

2.  The applicant states his DD Form 214 shows his service in the U.S. Army Pacific (USARPAC) and the Vietnam Service Medal (VSM) but does not show the RVN Campaign Medal with Device (1960) that the Department of Veterans Affairs (VA) requires.  The VA will not acknowledge his Vietnam service unless his DD Form 214 is corrected.

3.  He provides 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 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.  On 6 September 1966, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 91A (Medical Corpsman).

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

* item 31 (Foreign Service) – on or about 5 March 1968 he departed the continental United States (CONUS) en route to Vietnam 
* item 38 (Record of Assignments) – he was assigned to duty in Vietnam with the 566th Medical Company (Ambulance) from 23 March to 21 August 1968
* item 38 – on 22 August 1968, he was in a casual status for return to CONUS

4.  On 26 August 1968, he was honorably released from active duty.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he had served in USARPAC for 5 months and 21 days.  His DD Form 214 shows he was awarded the VSM but does not show the RVN Campaign Medal with Device (1960).

5.  Army Regulation 600-8-22 (Military Awards) states the RVN 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.  Individuals who qualified for award of the VSM and served in Vietnam for less than 6 months were also entitled to award of the RVN Campaign Medal with Device (1960) if they met one of the following conditions:

* wounded as a result of hostile action 
* captured by hostile forces but later escaped or were rescued or released
* killed in action or otherwise in line of duty

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contained guidance on the preparation of the DD Form 214.  The regulation did not provide for an entry on the DD Form 214 specifying an individual had served in Vietnam.  It stated for item 22c to enter the total active duty outside the 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, e.g., USARPAC.

7.  An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Indochina and Korea service on or after 5 August 1964 in item 30 (Remarks) of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea.  To show Vietnam service only, e.g., enter "Vietnam – 25 Apr 71 thru 28 May 71, Indochina – Yes, Korea – No."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the VSM, but he did not serve in Vietnam for the period required to be eligible for the RVN Campaign Medal with Device (1960).  Further, there is no evidence that he met the eligibility criteria applicable to Soldiers who had been awarded the VSM and served in Vietnam for less than 6 months.  Therefore, there is no basis for correcting his record to show the RVN Campaign Medal with Device (1960).

2.  When the applicant was released from active duty, the regulation governing preparation of the DD Form 214 did not require an entry specifying service in Vietnam, but it did require entry of the last overseas theater in which service was performed in item 22c.  His foreign service assigned to USARPAC is properly entered in item 22c of his DD Form 214. 

3.  A later revision of the regulation governing preparation of the DD Form 214 provided for recording Vietnam service in the Remarks section of the form.  Based on the information recorded on his DA Form 20, it is reasonable to conclude that he served in Vietnam from 23 March to 22 August 1968.  There would be no harm in adding an entry to item 30 of his DD Form 214 showing he served in Vietnam during this period.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 30 of this DD Form 214 the entry "Vietnam – 23 March thru 22 August 1968, Indochina – Yes, Korea – No."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the RVN Campaign Medal with Device (1960).



      _________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)                                         AR20140008777





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ABCMR Record of Proceedings (cont)                                         AR20140008777



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