IN THE CASE OF: BOARD DATE: 3 March 2016 DOCKET NUMBER: AR20150008643 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 his DD Form 214 (Report of Separation from Active Duty) be corrected to show his foreign service in the Republic of Vietnam (RVN). 2. He states, in effect, that his RVN service is missing from his DD Form 214. 3. He provides: * DA Form 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ), dated 14 July 1971 * AWOL Returnee Information Sheet, dated 26 November 1973 * Memorandum, Office of the Secretary of the Army, Deputy, Congressional Inquiry Division, dated 3 September 1976 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. On 24 November 1969, he enlisted in the Regular Army. His record contains: a. an AWOL Returnee Information Sheet, dated 26 November 1973, which shows he was apprehended by civilian authorities in Marshal, TX, after being AWOL from 28 September 1971 to 15 November 1973. b. his discharge packet which shows he served in the RVN with Company C, Troop Command, U.S. Army Depot, Cam Ranh Bay, from 17 August 1970 to 17 August 1971. Further, this document shows he was authorized to wear the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM) and RVN Campaign Medal with Device (1960). 3. On 12 December 1972, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service. His service was characterized as under other than honorable conditions. He completed 1 year, 11 months, and 2 days of total active service of which 0 days was served overseas and 779 days was lost due to AWOL. On 15 July 1976, the Army Discharge Review Board, upgraded his discharge to under honorable conditions, general. 4. His DD Form 214 does not show any foreign service in item 18f (Foreign and/or Sea Service this Period) or item 19 (Indochina or Korea Service since August 5, 1964). No awards are listed in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). 5. Army Regulation 600-8-22 (Military Awards) states: a. the NDSM was awarded for honorable active service for designated periods to include service between 1January 1961 and 14 August 1974, inclusive. b. 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. Qualifying service included assignment in Vietnam for 6 months or more. c. the 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. 6. Army Regulation 600-8-22, paragraph 2-13, states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam the applicant participated in the Vietnam Counteroffensive, Phase VII and Consolidation I campaigns. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the U.S. Army Depot, Cam Ranh Bay was awarded the: a. Meritorious Unit Commendation (MUC) based on Department of the Army General Orders (DAGO) Number 43, dated 1972, for the period 1 March 1970 to 25 February 1971. b. RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance for preparation of the DD Form 214. It stated to enter in: * Item 18, all service less time lost * item 19, an “X” in the “yes” block for service in Vietnam and the specific dates of service DISCUSSION AND CONCLUSIONS: 1. He was assigned to the RVN from 17 August 1970 to 17 August 1971 and regulatory guidance provides that this foreign service be recorded on his DD Form 214. 2. He served a qualifying period of service for award of the NDSM. 3. He completed a qualifying period of service for award of the RVN Campaign Medal with Device (1960) and the VSM and he participated in two campaigns while serving in the RVN. Therefore, he is entitled to award of the RVN Campaign Medal and the VSM with two bronze service stars. 4. General orders awarded his unit the MUC and the RVN Gallantry Cross with Palm Unit Citation. BOARD VOTE: ___x_____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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 amending his DD Form 214 as follows: a. deleting the entry in item 18f and adding the entry “1 00 00” b. adding to item 19 an “X” in the “yes” block and the entry “17 Aug 70 to 17 Aug 71” c. adding to item 26: * National Defense Service Medal * Meritorious Unit Commendation * Vietnam Service Medal with two bronze service stars * RVN Campaign Medal with Device (1960) __________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) AR20150008643 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008643 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1