BOARD DATE: 11 February 2016 DOCKET NUMBER: AR20150007417 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 the Republic of Vietnam (RVN) from 27 September 1963 to 20 August 1964. 2. The applicant states his DD Form 214 shows he had foreign service; however it does not show the service was in the RVN. He was not aware of the error until he filed for health benefits through the Department of Veterans Affairs. 3. The applicant provides 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 30 March 1963. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 shows in: * item 31 (Foreign Service), he served a tour of duty in the RVN from 13 September 1963 to 1 September 1964 * item 38 (Record of Assignments), he was assigned to the 232nd Signal Company, Vietnam from 15 September 1963 until September 1964 * item 41 (Awards and Decorations) – National Defense Service Medal (NDSM) 4. On 25 August 1966, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows in: * item 24c (Foreign and/or Sea Service) – USARV (U.S. Army Vietnam), 11 months and 19 days * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – NDSM 5. A review of the applicant's records shows that he is eligible for additional awards, which he did not request and which are not listed on his DD Form 214. 6. Army Regulation 600-8-22 (Military Awards) states: a. The RVN 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. b. The Armed Forces Expeditionary Medal was authorized for designated U.S. operations of assistance to a friendly foreign nation, which includes service in Vietnam from 1 July 1958 to 3 July 1965. 7. 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: a. Headquarters, U.S. Army Military Assistance Command, and its subordinate units were cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 by Department of the Army General Order (DAGO) Number 8, dated 1974. b. The 232nd Signal Company was cited for award of the Meritorious Unit Commendation (MUC) for the period 1 February 1962 through 30 June 1965 by DAGO Number 3, dated 1966. 8. Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214. The version of the regulation in effect at the time stated for item 22c to enter total active duty outside the continental limits of the U.S. for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USARV)." 9. An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Vietnam service in item 32 (Remarks) of the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. A revision of the regulation governing preparation of the DD Form 214 provided for recording RVN service in item 32. While this was not a required entry when the applicant was released from active duty in 1966, there would be no harm in adding such an entry to his DD Form 214. 2. His DD Form 214 only reflects his NDSM; however, he met the criteria for additional awards. a. His service met the criteria for the RVN Campaign Medal with Device (1960) and the AFEM. These medals are not listed on his DD Form 214. b. He served in the RVN during a period for which all U.S. Army units were awarded the RVN Gallantry Cross with Palm Unit Citation. He also served with the 232rd Signal Company during a period for which the unit was awarded the MUC. These unit awards are not listed on his DD Form 214. 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: * adding to item 26 of his DD Form 214: * AFEM (Vietnam) * MUC * RVN Campaign Medal with Device (1960) * RVN Gallantry Cross with Palm Unit Citation * adding to item 32 of his DD Form 214 the entry "Service in Vietnam from 13 September 1963 to 1 September 1964" 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 the applicant's request to show his service dates in Vietnam as 27 September 1963 to 20 August 1964. _______ _ 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) AR20150007417 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007417 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1