IN THE CASE OF:	   

		BOARD DATE:	  3 September 2015

		DOCKET NUMBER:  AR20150001170 


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 (Report of Separation from Active Duty) to show the Vietnam Service Medal and Vietnam Campaign Medal.

2.  The applicant states these awards were omitted from his DD Form 214.

3.  The applicant provides 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 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 5 March 1971.  He was awarded military occupational specialty 71B (clerk typist).  
3.  Special Orders Number 75, issued by Headquarters, 1st Basic Combat Training Brigade, Fort Ord, CA on 27 April 1971, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His records show he served in Vietnam from 8 August 1971 to 19 March 1972, during two campaigns.  He was assigned to the:

* 661st Ordnance Company from 15 August through 19 November 1971
* 67th Maintenance Company and 571st Ordnance Company from an unclear date in November 1971 through 4 December 1971
* 54th Ordnance Company from 5 December 1971 through 18 March 1972

5.  He was released from active duty on 25 January 1974 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completing 2 years, 9 months, and 27 days of active service.  His DD Form 214 lists in:

* Item 18f (Foreign and/or Sea Service This Period) – 7 months
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal
* Item 27 (Remarks) – no service dates for Vietnam

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* one overseas service bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 18f – would list 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. "U.S. Army Pacific (USARPAC)"
* Item 26 – would list all awards awarded or authorized during the period covered by the DD Form 214
* Item 27 – for service in Vietnam only, it would list the dates of service
8.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.  To qualify for award of the Vietnam Service Medal an individual must be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations.

   b.  The Republic of Vietnam Campaign Medal with Device (1960) is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who have served in Vietnam for a period of 6 months.

   c.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.

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 54th Ordnance Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam from 8 August 1971 to 19 March 1972, a period of 7 months and 12 days.  He completed a qualifying period of service for award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The DD Form 214 he was issued at the time of his separation on 25 January 1974 does not list in item 18f foreign service credit of 7 month and 12 days and the last overseas theater in which service was performed.  Also, item 27 of this form does not list his Vietnam service dates.  Therefore, this form should be corrected by showing in item 18f the entry "USARPAC 0-7-12" and in item 27 his Vietnam service dates.

3.  He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar during his period of service.  Therefore, his DD Form 214 should be corrected to show this badge.

4.  General orders awarded one of the units to which he was assigned, the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service with this unit in Vietnam.  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:

* deleting from item 18f of his DD Form 214 the entry, "0-7-0" and adding the entry, "USARPAC 0-7-12"
* adding to item 26 of this form:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding to item 27 of this form the entry "Vietnam – 8 August 1971 through 19 March 1972"




      _______ _   _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)                                         AR20150001170





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ABCMR Record of Proceedings (cont)                                         AR20150001170



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