IN THE CASE OF:	

		BOARD DATE:	  13 October 2015

		DOCKET NUMBER:  AR20150003268 


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 service in the Republic of Vietnam for the period 23 June through 26 August 1969.

2.  The applicant states his DA Form 20 (Enlisted Qualification Record) contains many erasures which indicates he was in limbo traveling when he was actually in combat serving his country in the Republic of Vietnam during the period 23 June through 26 August 1969. 

3.  The applicant provides:

* six photographs
* a newspaper clipping
* DD Form 214
* DD Form 4 (Enlistment Contract – Armed Forces of the United States)
* Letter Orders Number 02-1046384
* DA Form 20
* a letter

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 29 March 1968.  He completed training and he was awarded military occupational specialty 76Y (Armorer/Unit Supply Specialist).

3.  On 6 December 1968, the evidence of record shows he was enroute to Battery B, 6th Battalion, 562nd Artillery, United States Army Europe.

4.  Special Orders Number 129, issued by Headquarters, 6th Battalion, 562nd Artillery, dated 19 June 1969, instructed the applicant to report to the Frankfurt, Germany, not later than 25 June 1969.  Evidence shows he was authorized      30 days leave.  He was to arrive at Fort Lewis, WA, not later than 27 July 1969, for further assignment to the Republic of Vietnam Transportation Detachment.

5.  Special Orders Number 199, issued by Headquarters, 38th Replacement Battalion, dated 20 August 1969, show the applicant (while assigned to the  177th Replacement Company, Vietnam) was instructed to arrive at Kimpo Air Base, Korea by air travel on or about 20 August 1969, where he was further assigned to the 6th Missile Battalion, 44th Artillery.

6.  The applicant provides and his record contains a DA Form 20, which shows he was assigned to 6th Battalion (HAWK), 44th Artillery Regiment, effective      26 August 1969.

7.  His record contains:

   a.  DA Form 137 (Installation Clearance Record), issued by Site Number 46, Song Dong, Korea, dated 20 October 1970.

   b.  Special Orders Number 300, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 27 October 1970, which shows the applicant was relieved from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), effective 29 October 1970. 

8.  On 28 October 1970, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 2 years and 7 months of total active service during this period.  The DD Form 214 he was issued at the time shows in:  
	
   a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – 

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)

b.  item 30, in part – "Vietnam Service:  NONE"

9.  The applicant provides a photograph which shows him standing in front of the 22nd Replacement Battalion, Vietnam Exchange in addition to a newspaper clipping, dated 1 November 1970, which states he served as a supply sergeant and radar operator in Vietnam, Korea, and Germany.

10.  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.  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.  Service for the period 28 July through 20 August 1969, equates to one bronze service star for the Vietnam Summer – Fall 1969 campaign.

11.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states Department of the Army General Order (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.

12.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that 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 in which the service was performed would be entered in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the Remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show service in the Republic of Vietnam for the period 23 June through 26 August 1969, has been carefully examined.

2.  The available evidence appears to show the applicant departed Fort Lewis, WA, on 27 July 1969.  It is reasonable to presume the applicant arrived in the Republic of Vietnam the following day where evidence indicates he was instructed to arrive at Kimpo Air Base, Korea by air travel on or about 20 August 1969.  Therefore, it would be appropriate to correct his DD Form 214 to show service in Vietnam for the period 28 July to 20 August 1969.

3.  He served in Vietnam during a qualifying period for award of the Vietnam Service Medal and he participated in one campaign while serving in Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with 1 bronze service star.

4.  DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment and it is not annotated on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 to show:

* award of the Vietnam Service Medal with one bronze service star and the
    Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Service in Vietnam from 28 July to 20 August 1969 
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to list his service in the Republic of Vietnam for the period 23 June to 26 August 1969.



      __________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)                                         AR20150003268



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ABCMR Record of Proceedings (cont)                                         AR20150003268



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