IN THE CASE OF:  	  

		BOARD DATE:  6 March 2015	  

		DOCKET NUMBER:  AR20140011856 


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 Stated Report of Transfer or Discharge) to show: 

* his foreign service in Vietnam
* the Vietnam Service Medal and Vietnam Campaign Medal

2.  The applicant states he needs verification of his service in Vietnam and his DD Form 214 does not show this.  Nor does it show the Vietnam Service Medal and Vietnam Campaign Medal.

3.  The applicant 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.  The applicant enlisted in the Regular Army on 10 December 1965.  He served in Vietnam from 20 November 1967 to 19 November 1968 as follows from:

* 20 November 1967 to 6 July 1968, assigned to Company B, 326th Engineer Battalion, 101st Airborne Division
* 7 July to 19 November 1968, assigned to the 551st Transportation Company

3.  He was honorably released from active duty on 20 November 1968 and he was transferred to the U.S. Army Reserve.

4.  The DD Form 214 he was issued shows in:

* item 22c (Foreign and/or Sea Service) - he had 11 months and 28 days of foreign service
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - the National Defense Service Medal
* item 30 (Remarks) does not show the dates of any foreign service

5.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as marksman with the .45 Caliber Pistol.  

6.  Item 41 (Awards and Decorations) of his DA Form 20 shows award of the Parachutist Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

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

	a.  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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  A review of his records shows that during his service in Vietnam he participated in five campaigns.

	b.  Vietnam Campaign Medal 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 (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Company B, 326th Engineer Battalion, was cited for award of the Meritorious Unit Commendation for the period 14 March through 3 October 1968, by DA General Orders (DAGO) Number 22, dated 1976.

9.  DA Pamphlet 672-3, paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  There were no provisions to enter the dates of the foreign service on the DD Form 214.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam from 20 November 1967 to 19 November 1968.  At the time of his separation, there was no regulatory requirement to list service in Vietnam on the DD Form 214.  However, as an exception to policy and in the interest of clarity, there is no harm to the Army or the Soldier if his service in Vietnam is listed in item 30 of his DD Form 214.  

2.  He served in Vietnam during a qualifying period for award of the Vietnam Service Medal and Vietnam Campaign Medal, and he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with 1 silver service star, the Vietnam Campaign Medal, and correction of his DD Form 214 to show these medals.

3.  His DA Form 20 shows he was awarded the Parachutist Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and that he qualified as marksman with the .45 Caliber Pistol.  Therefore, it would be appropriate to correct his DD Form 214 accordingly.

4.  DAGO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 amending his DD Form 214 by adding:

* in item 24 the -

* Vietnam Service Medal with 1 silver service star
* Vietnam Campaign Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

* in item 30 the entry "Service in Vietnam from 20 November 1967 to 19 November 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)                                         AR20140011856



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ABCMR Record of Proceedings (cont)                                         AR20140011856



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