IN THE CASE OF:	  

		BOARD DATE:	  2 July 2015

		DOCKET NUMBER:  AR20140020088 


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 his Vietnam service.  This request is considered to include the applicant's Vietnam service awards as a related issue.  

2.  The applicant states his service record should show his service in Vietnam.

3.  The applicant does not provide any evidence. 

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 records show he enlisted in the Regular Army on 2 March 1961 and he held military occupational specialty 122.10 (Bridge Specialist).  He served in Germany, U.S. Army Europe, from 28 July 1961 to 15 July 1964.  

3.  While in Germany, he was honorably discharged on 16 December 1962 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows he completed 1 year, 9 months, and 14 days of active service.  He was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 

4.  He reenlisted in the Regular Army on 17 December 1962.  He served in Vietnam, U.S. Army Pacific (USARPAC) from on or about 30 September 1965 to on or about 1 September 1966.  He was assigned to Company E, 1st Engineer Battalion.

5.  He served a second time in Germany, USAREUR, from 30 November 1967 to 26 November 1968.  He was discharged from active duty on 27 November 1968. He completed 5 years, 11 months, and 11 days of creditable active service with no lost time.  His DD Form 214 shows in:

   a.  Item 22c (Foreign and/or Sea Service) he completed 4 years, 10 months, and 14 days of foreign service, as shown in item 30 (Remarks); 

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal; and 

   c.  Item 30 does not show he served in Vietnam; however, it shows he served in USAREUR from 28 July 1961 to 15 July 1964; USARPAC from 30 September 1965 to 1 September 1966; and USAREUR from 30 November 1967 to 26 November 1968.  

6.  On 26 September 1969, he was issued a DD Form 215 (Correction to DD Form 214) that added award of the Vietnam Service Medal.  

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214:

* item 22c shows the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., "USARV" (U.S. Army Vietnam)
* Item 24 shows a member's awards and decorations
* item 30 is used for mandatory requirements, when a separate block is not available, and as a continuation entry

8.  A review of his records reveals his entitlement to additional awards which are not listed on his DD Form 214. 

9.  Item 29 (Qualifications in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified marksman with the M-1 rifle and expert with the M-60 machine gun. 

10.  Army Regulation 600-8-22 (Military Awards) states 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. 

11.  Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Defense Campaign, 8 March - 24 December 1965
* Vietnam Counteroffensive, 25 December 1965 - 30 June 1966
* Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service in Vietnam with the 1st Engineer Battalion, the unit was awarded the:

* Meritorious Unit Commendation, for service from 1 February to 30 June 1966, based on Department of the Army General Orders (DAGO)  Number 20, dated 1967
* Meritorious Unit Commendation, for service from 3 June 1966 to 15 April 1967, based on DAGO  Number 10, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 12 July 1965 to 16 October 1968, based on DAGO Number 21, dated 1969 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 30 September 1965 to 1 September 1966.  His DD Form 214 correctly credited him with this foreign service in item 22c and listed the major overseas theater/command (USAREC) in item 30, as required by the applicable regulation at the time.  From a regulatory standpoint, there is no error.  However, there will be no harm to the Army or the applicant if item 30 is amended to add the word Vietnam to further clarify his service in USARPAC. 

2.  He also served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960) and should have his DD Form 214 corrected to show this award.

3.  General orders awarded his unit two awards of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam; therefore, his DD Form 214 should be corrected to show three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 

5.  He qualified marksman with the M-1 rifle and expert with the M-60 machine gun.  Therefore, his DD Form 214 should be corrected to show the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).  

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: 

* deleting from his DD Form 214 the Vietnam Service Medal 
* adding to item 24 of his DD Form 214 the – 

* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Machine Gun Bar     (M-60)

* deleting from item 30 the entry "USARPAC 30 September 1965 to 1 September 1966"
* adding to item 30 the entry "USARPAC/Vietnam 30 September 1965 to 1 September 1966"



      _______ _   __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)                                         AR20140020088



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ABCMR Record of Proceedings (cont)                                         AR20140020088



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