IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150008515 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). 2. The applicant states he has provided documentation to substantiate his request. A simple mistake was the reason his service in RVN was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); however, it can be easily corrected. 3. The applicant provides: * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * orders * two DA Forms 2496-1 (Disposition Form) * DD Form 1580 (Military Standby Authorization for Commercial Air Travel) * two DD Forms 1482 (Military Airlift Command (MAC) Transportation Authorization) * U.S. Military Assistance Command, Vietnam, Currency Control Plate * letter of condolence to the applicant * memorandum, subject: In-Country Travel Authority, issued by Headquarters, United States Army Vietnam (USARV), dated 15 April 1971 * letter from a member of the American Legion 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 17 August 1970. After completing initial entry training, he was awarded military occupational specialty 71B (Clerk Typist). 3. His record is void of documentation confirming his actual service dates in Vietnam; however, his records contain a DA Form 2496-1, subject: Verification of Assignment, RVN, dated 25 March 1971, which shows he was assigned to the General Staff Company, RVN, on 25 March 1971. 4. On 24 April 1971, he was issued MAC transportation vouchers for emergency leave and return from emergency leave; however, there is no indication he returned to Vietnam. 5. Special Order Number 137, issued by Headquarters, Third United States Army-Puerto Rico, Fort Buchanan, Puerto Rico, dated 16 July 1971, shows he was attached to Third United States Army Command Group Separation Detachment-Puerto Rico, Fort Buchanan, Puerto Rico from 24 May 1971 to 13 July 1971 pending a hardship discharge. 6. On 16 July 1971, he was released from active duty and transferred to the United States Army Reserve. He completed 11 months of net active service this period. His DD Form 214 shows in: * item 22c (Foreign and/or Sea Service) – No foreign service * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – NDSM and Parachutist Badge * item 30 (Remarks) – No deployment data 7. 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. 8. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal (VSM) 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 will be awarded for wear on the Vietnam Service Medal for participation in each campaign. His service in Vietnam coincided with the Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971). 9. 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 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. 10. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214 at the time. Chapter 2 contained guidance on the preparation of the DD Form 214. It stated for item 22c, enter the total amount of active duty 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, e.g. USAREUR (U.S. Army Europe), U.S. Army Pacific (USARPAC), etc. Further, item 30 (Remarks) is used for Department of the Army mandatory requirements when a separate block is not available and as a continuation entry. 11. An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Vietnam service in the remarks block of the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The evidence shows the applicant completed 1 month of foreign service in USARPAC (Vietnam) from 25 March 1971 to 24 April 1971. This foreign service is not listed on his DD Form 214. 2. A revision of the regulation governing preparation of the DD Form 214 provided for recording RVN service in the remarks block. While this was not a required entry when the applicant was released from active duty, there would be no harm in adding such an entry to his DD Form 214. 3. His DD Form 214 only reflects his NDSM and Parachutist Badge; however, he met the criteria for additional awards. a. His service met the criteria for the VSM with one bronze service star. This medal is 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. This unit award is not listed on 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. adding to item 22c of his DD Form 214 the entry "USARPAC 00 01 00"; b. adding the following awards to item 24 of his DD Form 214: * VSM with one bronze service star * RVN Gallantry Cross with Palm Unit Citation c. adding to item 30 the entry "Service in Vietnam from 25 March 1971 to 24 April 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. ABCMR Record of Proceedings (cont) AR20150008515 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008515 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1