IN THE CASE OF:	  

		BOARD DATE:	  8 September 2015 

		DOCKET NUMBER:  AR20150013483 


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 foreign service, the Vietnam Service Medal (VSM), and all awards to which he is entitled.

2.  The applicant states:

	a.  he served in Vietnam from June 1968 to May 1969; and

	b.  he never processed out of Vietnam, but was medically evacuated to Japan due to a mouth injury that occurred one month before he was supposed to leave Vietnam.

3.  The applicant provides:

* DD Form 214
* United States Senate letter
* Privacy Act Release Form

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 record shows he was inducted into the Army of the United States on 8 January 1968.  He was trained in and served in military occupational specialty 76A (Supplyman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he departed the continental United States (CONUS) for duty in the Republic of Vietnam (RVN) on 2 July 1968 and returned to CONUS on 1 July 1969.  The available records do not show that he was evacuated to Japan.  Item 41 (Awards and Decorations) shows he earned the following awards:

* National Defense Service Medal (NDSM)
* VSM
* RVN Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)

4.  On 5 January 1971, the applicant was honorably released from active duty by reason of expiration term of service.  His DD Form 214 shows:

* item 22a(1) (Net Service this Period) - he completed a total of 2 years of creditable active military service
* Item 22c (Foreign and/or Sea Service) - the entry “0 0 0” indicating no foreign service
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – NDSM
* item 30 (Remarks) – includes an entry which shows he accrued 363 days of lost time

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

* item 22c, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed
* item 24, enter all decorations, service medals, campaign credit, and badges awarded or authorized
* item 30, to show service in Vietnam only, enter "Vietnam--25 Apr 70 through 28 May 71, Indochina--yes, Korea--no."

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	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.  It states that a bronze service star is authorized with this 
award for each Vietnam campaign a member is credited with participating in.

	b.  Appendix B shows that during the applicant’s service in Vietnam, he participated in the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* TET 69 Counteroffensive (23 February – 8 June 1969)
* Vietnam Sumer-Fall 1969, (9 June – 31 October 1969)

	c.  Paragraph 9-13 of the awards regulation contains guidance on award of the RVN Campaign Medal with Device (1960).  It states, in pertinent part, that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.

7.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his foreign service, the VSM, and all other awards to which he is entitled.  There is sufficient evidence to support granting this claim.

2.  The evidence of record confirms the applicant completed 1 year of service in the RVN from 2 July 1968 to 1 July 1969, as reflected in item 31 (Foreign Service) of his DA Form 20.  As a result, item 22c of his DD Form 214 should be corrected to show this period of foreign service and the entry “USARPAC” which identifies his oversea theater in the United States Army Pacific Command.  Further, based on this service, item 30 of his DD Form 214 should be corrected to add the entry "Vietnam:  2 July 1968 through 1 July 1969, Indochina--yes, Korea--no."

3.  The evidence of record also confirms the applicant earned the VSM and RVN Campaign Medal with Device 1960, as shown on his DA Form 20.  He is also entitled to the RVN Gallantry Cross Unit Citation with Palm and four bronze service stars for wear on the VSM.  These awards are not listed on his DD Form 214.  

4.  Finally, the evidence of record confirms the applicant earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14).  It is not currently listed on his DD Form 214 and should be added at this time.

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.  adding to item 22c of his DD Form 214 the entry “USARPAC” 
and "1  0  0"; and

	b.  adding to item 24 of his DD form 214 the:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

	c.  adding in item 30 of his DD Form 214 the entry "Vietnam—2 July 1968 through 1 July 1969, 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)                                         AR20150013483





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ABCMR Record of Proceedings (cont)                                         AR20150013483



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