IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140017985
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 the dates of his service in Vietnam and the awards he is entitled to as a result.
2. The applicant states his records were lost during his return from Vietnam and his DD Form 214 does not reflect his Vietnam service.
3. The applicant provides his DD Form 214 and DD Form 1580 (Military Standby Authorization for Commercial Air Travel).
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 of the United States on 1 March 1971. He served in Vietnam from 3 September 1971 to 29 February 1972 (179 days or 5 months and 29 days) while assigned as follows:
* 3 September to 5 November 1971, Troop A, 4th Squadron, 12th Cavalry Regiment
* 6 November 1971 to 29 February 1972, Company D, 2nd Battalion, 501st Infantry Regiment
3. He was honorably released from active duty on 1 December 1972 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows the following entries in:
* item 22c (Foreign and/or Sea Service) - 00--00--00
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal, Army Good Conduct Medal
* item 30 (Remarks) Separated from Service on Temporary Records and Soldiers Affidavit
4. Item 30 of his DD Form 214 is void of an entry that shows he served in Vietnam. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows award of the Vietnam Service Medal, Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
5. Army Regulation 600-8-22 (Military Awards) states 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. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his records shows that during his service in Vietnam he participated in two campaigns.
6. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states DA General Orders (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.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It stated for item 30, for service in Vietnam, enter the inclusive dates of service in Vietnam (i.e. "Vietnam - 25 April 1970 through 28 May 1971, Indochina-Yes, Korea-No")
DISCUSSION AND CONCLUSIONS:
1. The evidence of records confirms the applicant served in Vietnam from 3 September 1971 to 29 February 1972 (5 months and 29 days) which is not reflected on his DD Form 214. Therefore, his DD Form 214 should be corrected to show this foreign service in Vietnam.
2. The evidence of record confirms he participated in two campaigns during his service in Vietnam and was awarded the Vietnam Service Medal, Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). Therefore, it would be appropriate to correct his DD Form 214 accordingly.
3. He served in Vietnam during a period for which his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected 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 amending his DD Form 214 by:
* deleting the entry in item 22c and replacing it with the entry "00--05--29"
* adding to item 24 the:
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* adding to item 30 the entry "SERVICE IN VIETNAM FROM 19710903 - 19720229, Indochina-Yes, Korea-No"
_______ _ _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) AR20140017985
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ABCMR Record of Proceedings (cont) AR20140017985
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