BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017237 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 BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017237 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the following awards to his DD Form 214: * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation b. adding the entry "Vietnam Service: 14 February 1968 to 25 July 1968" to item 30 of his DD Form 214. ___________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. BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017237 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 service in Vietnam. 2. The applicant states he was assigned to the 82d Airborne Brigade in December 1967 and he was deployed from Fort Bragg to Vietnam with the 2d Battalion, 321st Artillery Regiment, in February 1968. He was stationed in Phú Bài for 5 months. This deployment is listed as U.S. Army Pacific on his DD Form 214, but the Vietnam service is not annotated on his DD Form 214. Therefore, he is not recognized as a Vietnam veteran. 3. The applicant provides: * map of South Vietnam * DD Form 214 * Pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record) * letter of assignment, dated 14 February 1968 * unit appointment order, dated 17 February 1968 * photograph 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 17 July 1967. 3. His DA Form 20 shows he was assigned to Battery A, 2d Battalion (Airborne), 321st Artillery Regiment, in Vietnam from 14 February 1968 to 25 July 1968. 4. He participated in three campaigns during his assignment in Vietnam. 5. On 21 July 1969, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Parachutist Badge 6. His DD Form 214 also shows: * in item 22c (Foreign and/or Sea Service), his foreign service as 5 months and 13 days under the command of U.S. Army Pacific * in item 30 (Remarks), no service in Vietnam REFERENCES: 1. 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 is authorized with the Vietnam Service Medal for each credited campaign. 2. 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 2d Battalion, 321st Artillery Regiment, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March to 4 October 1968 in Department of the Army General Orders Number 48, dated 1971. 3. Department of the Army General Orders 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, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. This regulation provided that 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 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: 1. The applicant's DA Form 20 shows he served in Vietnam from 14 February 1968 to 25 July 1968. Item 30 of his DD Form 214 does not show his inclusive dates of service in Vietnam. 2. Based on his service in Vietnam, he is authorized award of the Vietnam Service Medal with three bronze service stars. His DD Form 214 does not show this award. 3. The 2d Battalion, 321st Artillery Regiment, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during his period of assignment. His DD Form 214 does not show this unit award. 4. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period. His DD Form 214 does not show this unit award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017237 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017237 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2