IN THE CASE OF:  

		BOARD DATE:  8 January 2015

		DOCKET NUMBER:  AR20140009691 


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. 

2.  The applicant states a clerk failed to enter his Vietnam service on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and an Army Review Boards Agency letter, dated 27 Match 2014.

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 on 24 June 1965.  He held military occupational specialty 64B (Heavy Vehicle Driver).
3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 15 March through 15 December 1968.  There is no other overseas service listed.  His awards are shown as the –

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

4.  He was released from active duty on 18 December 1968 in the rank/grade of specialist four (SP4)/E-4.  He had completed 1 year, 11 months, and 9 days of net active duty service.  

5.  The applicant's DD Form 214 shows in item 22c (Foreign and/or Sea Service) the entry “0  9  4” indicating foreign service for 9 months and 4 days.  Item 30 (Remarks) does not show his service in Vietnam.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal. 

6.  A review of the applicant's records revealed he is authorized awards that are not listed on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, the applicant participated in the following four campaigns: 

* Tet Counteroffensive                      30 January - 1 April 1968
* Counteroffensive Phase IV               2 April - 30 June 1968
* Counteroffensive Phase V                1 July - 1 November 1968
* Counteroffensive Phase VI               2 November 1968 - 22 February 1969

8.  Department of the Army General Orders Number 8, dated 1974, announced   award of 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.

9.  Army Regulation 635-5 (Separation Documents) in effect at the time provides detailed instructions for completing separation documents, including the DD Form 214.  It states item 22c will show the total active duty service 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."  During the applicant's period of service there was no provision for specifically noting Vietnam service in the Remarks section of the DD Form 214.  Army Regulation 635-5 was changed in February 1972 to include Vietnam service on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he served in Vietnam from 15 March through 15 December 1968 and this is the only overseas theater in which he served.   His DD Form 214 credits him with 9 months and 4 days of foreign service as required by the applicable regulation at the time, but the overseas theater was not listed.  His DD Form 214 should be corrected to show his last overseas service was performed in the U.S. Army Pacific (USARPAC) theater.  

2.  Additionally, it would be appropriate at this time to list his Vietnam service in item 30 of his DD Form 214.

3.  His DA Form 20 shows he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

4.  He participated in four campaign periods during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his 
already-awarded Vietnam Service Medal. 

5.  During his service in Vietnam all units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  His DD Form 214 should be corrected to show these 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.  adding to item 22c of his DD Form 214  "USARPAC"; 
   
   b.  adding to item 24 of his DD Form 214 the following awards:
   
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
   
   c.  adding to item 30 of his DD Form 214 the entry “Vietnam - 15 March 1968 through 15 December 1968.”



      __________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)                                         AR20110004784



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ABCMR Record of Proceedings (cont)                                         AR20140009691



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