IN THE CASE OF:	  

		BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20140020837 


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 item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Vietnam foreign service.

2.  The applicant states his foreign service in Vietnam is not listed on his DD Form 214.  He would like this to be corrected; he served in Vietnam.  The omission was discovered during an interview for benefits from the Department of Veterans Affairs (VA).

3.  The applicant provides copies of the following:

* military records
* DD Form 214
* VA Rating Decision

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 the cases 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.

2.  The applicant's military records show he enlisted in the Regular Army on 20 February 1967 and he held military occupational specialty 05C (radio teletype operator).  

3.  He served in Vietnam from 16 November 1967 to 25 May 1968, during three campaigns.  He was assigned to Company A, 125th Signal Battalion, 25th Infantry Division from 21 November 1967 to 21 May 1968.

4.  He served in Thailand from 26 May through 21 October 1968 and was assigned to the 596th Quartermaster Company, U.S. Army Pacific (USARPAC).

5.  He was honorably released from active duty on 21 February 1970 and was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 3 years of net active service.  His DD Form 214 lists in:

* Item 22c – zero credit and the entry "USARPAC"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

* Item 30 (Remarks) – does not list any Vietnam service dates

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists all the awards listed on his DD Form 214 and includes one overseas service bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  Army Regulation 635-5 (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 the standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation stated:

* Item 22c - would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USARPAC"
* Item 24 - would list all awards awarded or authorized during the period covered by the DD Form 214
* Item 30 - for service in Vietnam only, it would list Vietnam – (dates of service)

8.  He provided a copy of his VA Rating Decision, dated 6 December 2007, which shows he was awarded a 30 percent service-connected rating for Post-Traumatic Stress Disorder.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 125th Signal Battalion was cited for the following awards during his assignment to the unit:

* Meritorious Unit Commendation for the period 1 July 1967 through 31 December 1968 by DA General Orders (DAGO) Number 36, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period March 1966 through August 1968, by DAGO Number 48, dated 1971

11.  The 25th Infantry Division and its assigned and attached units, to include the 125th Signal Battalion, were cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 13 March 1966 through 21 January 1970, by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in Vietnam from 16 November 1967 through 25 May 1968, a period of 6 months and 10 days.  He served in Thailand from 26 May through 21 October 1968, a period of 4 months and 26 days.  Therefore, item 22c should of his DD Form 214 show be corrected to show a credit of 11 months and 6 days of foreign service.  Item 30 of this DD Form 214 should also be corrected to show his Vietnam service dates.

2.  During the processing of this case a review of his records revealed the following:

   a.  He served in Vietnam for three campaigns; therefore, he is entitled to award of three bronze service stars to be added to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

   b.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, his DD Form 214 should be corrected to show this badge.

   c.  GO awarded his unit, the 125th Signal Battalion, the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service with that unit in Vietnam.  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:

* deleting from item 22c of his DD Form 214 the entry, "0-0-0" and-adding the entry, "00-11-06"
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* adding to item 30 of this DD Form 214 the entry, "Vietnam Service - 16 November 1967 through 25 May 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)                                         AR20140020837





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ABCMR Record of Proceedings (cont)                                         AR20140020837



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