IN THE CASE OF:	  

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140016228 


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 his Vietnam service be acknowledged on his            DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his DD Form 214 indicates overseas service but does not show he served in Vietnam.  

3.  The applicant provides a copy of 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 1 June 1966.  He completed training and was awarded military occupational specialty (MOS) 05H (Morse Interceptor).    

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam (RVN) beginning on 7 May 1967.

	b.  Item 38 (Record of Assignments) shows that during the period                 10 May 1967 to 3 December 1968 he served with the 330th Radio Research Company in the RVN.

4.  He was honorably released from active duty on 31 May 1970 and transferred to the U.S. Army Reserve, by reason of expiration of term of service, after completing 4 years of total active service.

	a.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he served 1 years, 6 months, and 2 days of foreign service.
   
	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the Army Good Conduct Medal and the Army Commendation Medal.

	c.  Item 30 (Remarks) of his DD Form 214 does not show any deployment data.

5.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214 at the time.  Chapter 2 contained guidance on the preparation of the DD Form 214.  It stated for item 22c, enter the total amount of 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. USAREUR (U.S. Army Europe), U.S. Army Pacific (USARPAC), etc.  Further, item 30 (Remarks) is used for Department of the Army mandatory requirements when a separate block is not available and as a continuation entry.

6.  An interim change to Army Regulation 635-5, effective 15 March 1972, provided for entering Indochina and Korea service performed on or after 5 August 1964 in item 30 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."

7.  As a related issue, a review of his record indicates his entitlement to additional awards which are not shown on his DD Form 214.

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.  A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following six campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV ( 2 April - 30 June 1968) 
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968- 22 February 1969)

     b.  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.  

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 the 330th Radio Research Company was cited for award of the Meritorious Unit Commendation (MUC) for the periods:

* 1 June 1967 to 30 June 1968 in Department of the Army General Orders (DAGO) Number 23, dated 1969
* 1 July 1968 to 30 June 1969 in DAGO Number 51, dated 1971

10.  DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

* Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant completed 1 year, 6 months and 2 days of foreign service in USARPAC (Vietnam) from 7 May 1967 through 3 December 1968.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.

2.  Item 22c was the area designated by the regulation in effect at the time to record foreign service.  Therefore, the last overseas theater – in this case USARPAC – should be entered in the space before the "years, months, days."

3.  Although it was not until March 1972 that change number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his service in the RVN during the period 7 May 1967 through 3 December 1968 to his DD Form 214.

4.  He met the eligibility requirements for award of the RVN Campaign Medal with Device (1960) and the Vietnam Service Medal with one silver service star and one bronze service star.  Therefore, he is entitled to have his records corrected to show these awards.

5.  He served in Vietnam during a period for which all U.S. Army units were awarded the RVN Gallantry Cross with Palm Unit Citation.  He also served with the 330th Radio Research Company during a period for which the unit was cited for two awards of the MUC.  Therefore, he is entitled to correction of his DD Form 214 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:

     a.  adding to item 22c of his DD Form 214 the entry "USARPAC";

     b.  adding the following awards to item 24 of his DD Form 214:

* RVN Campaign Medal with Device (1960)
* VSM with one silver service star and one bronze service star
* RVN Gallantry Cross with Palm Unit Citation
* MUC (2nd Award)
 
     c.  adding the entry "VIETNAM - 7 May 1967 through 3 December 1968, Indochina – Yes, Korea – No" 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)                                         AR20140016228





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ABCMR Record of Proceedings (cont)                                         AR20140016228



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