IN THE CASE OF:	  

		BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140013331 


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:

	a.  his service number (SN) as XX X73 XXX; and 

	b.  his foreign service in Vietnam.

2.  The applicant states:

* his SN is incorrect on his DD Form 214
* his Vietnam service (2 February 1968 to 31 May 1968) is not recorded on his DD Form 214
* he was rapidly evacuated on emergency leave due to his father's death

3.  The applicant provides:

* DD Form 214
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* reassignment and transportation orders

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's DD Form 47 (Record of Induction) shows his SN as 
XX X73 XXX.  He was inducted into the Army of the United States on 
7 November 1966.  He completed his training and was awarded military occupational specialty 63K (quartermaster heavy equipment repairman).  

3.  He provided Headquarters, U.S. Army Personnel Center, Special Orders Number 33, dated 2 February 1968, which show he was assigned to the U.S. Army Vietnam Transient Detachment for further assignment in Vietnam.   

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 510th Engineer Company in Vietnam on 10 February 1968. 

5.  He provided Headquarters, U.S. Army Support Command Qui-Nhon, Special Orders Number 152, dated 31 May 1968, which show he was granted leave for the death of his father on 31 May 1968.

6.  Item 21 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in U.S. Army Pacific (USARPAC) from 2 February through 
31 May 1968.   

7.  Records show he participated in two campaigns during his assignment in Vietnam.

8.  On 6 November 1968, he was honorably released from active duty.

9.  His DD Form 214 shows in:

* item 2 (SN) – XXX X32 XXX
* item 22c (Foreign and/or Sea Service) – 4 months 
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal
* item 30 (Remarks) – no service in Vietnam

10.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal was 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 is worn on the Vietnam Service Medal for each credited campaign.

11.  Department of the Army General Orders Number 8, dated 1974, awarded 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.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  This regulation provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his SN is incorrect on his DD Form 214 appears to have merit.  The entry on the applicant's DD Form 47 which shows his SN as XXX X73 XXX is accepted as sufficient evidence on which to base amending item 2 of his DD Form 214 to show this SN.

2.  The evidence of record shows he served in Vietnam from 2 February 1968 to
31 May 1968.  Therefore, the entry on the applicant's DA Form 20 which shows he served in USARPAC (Vietnam) from 2 February 1968 through 31 May 1968 is accepted as a sufficient basis for adding the entry "Vietnam Service:  2 February 1968 to 31 May 1968" to item 30 of his DD Form 214.

3.  As a related issue, based on his service in Vietnam, he is authorized award of the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 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:

	a.  deleting the entry in item 2 of his DD Form 214 and replacing it with the SN shown on his DD Form 47; 

	b.  adding the following awards to his DD Form 214:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  adding the entry:  "Vietnam Service:  2 February 1968 to 31 May 1968" to item 30 of his DD Form 214.



      __________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)                                         AR20140013331



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ABCMR Record of Proceedings (cont)                                         AR20140013331



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