IN THE CASE OF:	  

		BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140009829 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the:

* Vietnam Service Medal
* Vietnam Campaign Medal
* any other awards and/or decorations he may have earned while on active duty

2.  The applicant states he served in Vietnam for about 14 months.

3.  The applicant provides:

* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* DD Form 214
* DA Form 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ))
* 5 pages, Standard Form (SF) 600 (Health Record - Chronological Record of Medical Care)
* 1 page, SF 513 (Clinical Record - Consultation Sheet)

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 enlisted in the Regular Army on 29 November 1968.  After completing initial training, he was awarded military occupational specialty 84G (Photo Lab Specialist).  

3.  Special Orders (SO) Number 25, issued by Headquarters, First Basic Combat Training Brigade, U.S. Army Training Center, on 5 February 1969, awarded him the Marksman Marksmanship Qualification Badge with the Rifle Bar (M-14). 

4.  He was honorably released from active duty on 4 November 1971.  He completed 2 years, 11 months, and 2 days of total active service during this period.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal.

5.  Neither his DA Form 20 (Enlisted Qualification Record) nor his DD Form 214 reflect any service in Vietnam.  Additionally, block 22c (Foreign and/or Sea Service) on the DD Form 214 reflects 0 years, 0 months, and 0 days.  

6.  The available record, however, does contain the following:

	a.  SO Number 178, issued by Headquarters U.S. Army Vietnam (USARV), on 27 June 1969, shows the applicant's assignment from the USARV Transient Detachment to Headquarters and Headquarters Company (HHC), 212th Aviation Battalion.

	b.  General Orders (GO) Number 2131, issued by Headquarters, 1st Aviation Brigade, Vietnam, on 7 April 1970, awarded him the Army Commendation Medal for the period June 1969 to June 1970.

	c.  SO Number 147, issued by Headquarters, 307th Aviation Battalion, Vietnam, on 28 May 1970, assigned him to the 73rd Aviation Company with a reporting date of 28 May 1970.

	d.  SO Number 221, issued by Headquarters, 307th Aviation Battalion (Combat), Vietnam, on 10 August 1970 reassigned him from the 73rd Aviation Company, through the USARV Returnee Detachment to the U.S. Army Personnel Center, Oakland, CA, reporting on 15 September 1970.  His Date of Eligibility for Return from Overseas (DEROS) is listed as 14 August 1970.  The SO shows he had served 13 months overseas during the current tour.

	e.  The available record shows he has qualifying service for the following campaigns:

* Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 to 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971)

7.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, states item 31 of the DA Form 20 will show in chronological order each foreign service tour performed by the service member.  In the "FROM" entry, enter the date of departure from a Continental United States (CONUS) port.  In the "THROUGH" entry, enter the actual date of arrival at a port in CONUS upon return from the overseas service tour.

8.  Army Regulation 600-8-22 (Military Awards) provides policy and guidance for awards and decorations.  It states:

	a.  The Vietnam Service Medal is 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 will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

	b.  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.  

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 all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 
8, dated 1974.
DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show all awards he is authorized for his service in Vietnam.  Neither his DD Form 214 nor his DA Form 20 give any indication he ever served in Vietnam.  His record, however, does contain documents which can help to approximate the dates of his service there.

	a.  SO Number 178, dated 27 June 1969, shows the applicant's reassignment in Vietnam to HHC, 212th Aviation Battalion.  While no arrival date to the transient detachment is given, it is logical to assume he left CONUS and arrived in Vietnam at least a day prior to the date of the order (26 June 1969).  Army Regulation 600-200 states foreign service starts with the departure from the CONUS port.

	b.  SO Number 221, dated 10 August 1970 shows the applicant's reassignment through the USARV Returnee Detachment to the U.S. Army Personnel Center in Oakland, CA, with a DEROS of 14 August 1970 and a reporting date of 15 September 1970.  The DEROS marks the end of his tour in Vietnam.

	c.  The constructive dates for his service in Vietnam could therefore be shown as 26 June 1969 to 14 August 1970, a period of 1 year, 1 month, and 20 days, which is consistent with the number of months overseas listed on his orders. 

2.  Given the foregoing, the applicant has qualifying service for and his DD Form 214 should be corrected to show the Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  Special Orders (SO) Number 25 awarded him the Marksman Marksmanship Qualification Badge with the Rifle Bar (M-14).  His DD Form 214 should be corrected to show this 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 adding the following awards to the applicant's DD Form 214:

* 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 
* Marksman Marksmanship Qualification Badge with the Rifle Bar
(M-14)



      _______ _   __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)                                         AR20140009829





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ABCMR Record of Proceedings (cont)                                         AR20140009829



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