IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150009210 BOARD VOTE: ____X_____ ____X___ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150009210 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 "00-04-00" and adding the entry "00-01-07 (USARPAC)" * adding to item 24 of his DD Form 214 the Vietnam Service Medal with one bronze service star, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Republic of Vietnam Gallantry Cross with Palm Unit Citation * adding to item 30 of his DD Form 214 the entry "Vietnam Service: 12 April 1971 to 18 May 1971" ______________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. IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150009210 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Vietnam and award of the Vietnam Service Medal. 2. The applicant states the Department of Veterans Affairs (VA) does not recognize that he served in Vietnam and this affects his priority. He served with the 22nd Replacement Battalion, in harm's way, guarding the perimeter against sappers. He served for more than 30 days. 3. The applicant provides his DD Form 214 and VA 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 was inducted into the Army of the United States on 19 August 1970. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. Special Orders (SO) Number 5, issued by Headquarters, U.S. Army Training Center, Fort Ord, CA, on 8 January 1971, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 4. On 12 March 1971, Headquarters, The School Brigade, Fort Benning, GA published SO Number 65 ordering his reassignment from Fort Benning to the U.S. Army Overseas Replacement Station, Fort Lewis, WA effective 8 April 1971 with an ultimate assignment in Vietnam. 5. His DA Form 20 (Enlisted Qualification Record) shows he departed Fort Benning on 18 March 1971 en route to the U.S. Army Pacific (USARPAC). He appears to have arrived on or about 12 April 1971. 6. On 27 April 1971, Headquarters, I Field Force Vietnam published SO Number 117 further assigning him to the 52nd Artillery Group with a reporting date of 13 May 1971. The SO stated in the Special Instructions: Enlisted member (EM) for duty in Pleiku Open Mess System. EM will be delayed in route for two weeks for On the Job Training (OJT) with Nha Trang Open Mess. 7. His records contain a DA Form 3647 (Clinical Record Cover Sheet), dated 26 May 1971, that shows he was assigned to the 7th Battalion, 16th Field Artillery and he had a date of expected return from overseas (DEROS) of 11 April 1972. He was admitted to the 67th Evacuation Hospital for a mental health condition on 18 May 1971. 8. On 27 May 1971, Department of the Air Force, Headquarters, 366th Combat Support Group-Vietnam published SO AE-125 ordering his transfer in a patient status from Vietnam to Letterman General Hospital, San Francisco, CA, for medical treatment. 9. On 14 June 1971, Letterman General Hospital, Presidio San Francisco, CA, published SO Number 123 reassigning him to the Medical Holding Detachment from the 67th Evacuation Hospital in Vietnam, effective 28 May 1971. 10. On 30 July 1971, a medical evaluation board (MEB) at Letterman General Hospital considered his medical/mental health condition and determined he was medically unfit and recommended his separation for his "existed prior to service" medical condition. The MEB Proceedings indicated he was initially admitted to the 67th Evacuation Hospital on 18 May 1971 and he was air-evacuated to Letterman on 28 May 1971. 11. On 19 August 1971, Letterman General Hospital published SO ordering the applicant's discharge from active duty effective 20 August 1971. Accordingly, he was honorably discharged from active duty in the rank/grade of private first class/E-3 on 20 August 1971. His DD Form 214 shows he completed 1 year and 2 days of active service with no lost time. It also shows in: * item 22c (Foreign and/or Sea Service), he completed 4 months of foreign service; no major overseas command is listed * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal * item 30 (Remarks), no entry related to his service in Vietnam, Korea, or Indochina REFERENCES: 1. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2, in effect at the time, contained guidance for preparation of the DD Form 214 and stated that item 22c shows the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed. 2. 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. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. 3. Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, USARV, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The available evidence shows the applicant served in Vietnam, USARPAC, from on or about 12 April 1971 to 18 May 1971, a period of 1 month and 7 days of foreign service. His DD Form 214 erroneously credited him with 4 months of foreign service and omitted the major overseas command. 2. Foreign service and the last major command (USARPAC) are captured in item 22c of his DD Form 214, as required by the applicable regulation at the time. However, there will be no harm to the Army or the applicant if his Vietnam service is also listed in item 30 of his DD Form 214. 3. He served a qualifying period for award of the Vietnam Service Medal with at least one bronze service star to designate his participation in at least one campaign. This award is not shown on his DD Form 214. 4. DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. 5. SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). This badge is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009210 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009210 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2