IN THE CASE OF:  	  

		BOARD DATE:  27 October 2015	  

		DOCKET NUMBER:  AR20150004335 


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 he was awarded or authorized the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states these awards were not added to his DD Form 214.

3.  The applicant provides a copy of 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 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 16 April 1971 and held military occupational specialty 91B (Medical Specialist).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.
3.  He served in the Republic of Vietnam from on or about 25 March 1972 to on or about 28 January 1973, where he served with:

* 3rd Field Hospital, from on or about 7 April 1972 to 30 May 1972
* U.S. Army Hospital, Saigon, from 31 May 1972 to 26 January 1973

4.  General Order Number 1, issued by Headquarters, 2nd Armored Division, Fort Hood, Texas on 2 January 1974, awarded him the Army Good Conduct Medal (1st Award), for the period 16 April 1971 to 15 January 1974.

5.  The applicant was honorably released from active duty on 18 January 1974.  His DD Form 214 shows he completed 2 years 9 months and 3 days of total active service, of which 10 months and 4 days were credited as foreign service.  

	a.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

	b.  Item 27 (Remarks) of his DD Form 214 states his last overseas service was in the Republic of Vietnam but does not list the period of that service.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

   a.  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.  Qualifying service also included temporary duty for             30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  
   
   b.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:

* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam CEASE-FIRE (30 March 1972 - 28 January 1973)
   
   c.  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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows:

	a.  The U.S. Army Hospital, Saigon was cited for award of the Meritorious Unit Commendation for the period 31 May 1972 to 28 March 1973, by DAGO Number 6, dated 1974.

	b.  Headquarters, United States Army Vietnam and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit citation for the period 20 July 1965 to 28 March 1973, by DAGO Number 8, dated 1974.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The instructions specified:

	a.  For item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 41 (Decorations and Awards) of the individual's DA Form 20 (Enlisted Qualification Record), omitting authorities cited therein.

	b.  For item 27 (Remarks), indicate Indochina and Korea service performed on or after 5 August 1964 by entering the inclusive dates of service for Vietnam and indicating "Yes" or "No" for the service in Indochina and Korea.  Where the records reflect assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "Yes" for Indochina.  Sample entries are as follows:

* to show service in Vietnam only – "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No"
* to show service in Indochina (other than Vietnam) only – "Indochina – Yes, Vietnam – No, Korea – No"
* to show service in Korea only – "Indochina – No, Vietnam – No, Korea – Yes"

DISCUSSION AND CONCLUSIONS:

1.  The applicant's qualifying service in the Republic of Vietnam is sufficient for award of the Vietnam Service Medal with two bronze service stars; however, this award is not reflected on his DD Form 214.

2.  The applicant's qualifying service in the Republic of Vietnam is sufficient for award of the Republic of Vietnam Campaign Medal with Device (1960); however, this award is not reflected on his DD Form 214.  

3.  General orders awarded him the Army Good Conduct Medal (1st Award); however, this award is not reflected on his DD Form 214.

4.  General orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period of his service; however, these unit awards are not reflected on his DD Form 214.  

5.  The applicant served in Vietnam from 25 March 1972 to 28 January 1973.  However, the appropriate entry to reflect his service in Vietnam, "Vietnam – 25 March 1972 to 28 January 1973, Indochina – Yes, Korea – No," is not reflected in item 27 of his DD Form 214.

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:

	a.  amending item 26 of his DD Form 214 by adding the:

* Army Good Conduct Medal 
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	b.  amending item 27 of his DD Form 214 by adding the entry, "Vietnam – 25 March 1972 to 28 January 1973, 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)                                         AR20150004335





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ABCMR Record of Proceedings (cont)                                         AR20150004335



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