IN THE CASE OF BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150010164 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: 19 May 2016 DOCKET NUMBER: AR20150010164 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 for the period ending 27 July 1969 as follows: a. Deleting the entry "0/11/29" in item 22c, and replace it with "0/8/28"; b. Deleting from item 24 the Vietnam Service Medal; c. Adding the following to item 24: * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation d. Adding to item 30, "SERVICE IN VIETNAM FROM 681028 TO 690725." __________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: 19 May 2016 DOCKET NUMBER: AR20150010164 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 reflect he served in combat while in Vietnam. 2. The applicant states, in effect: * although his military occupational specialty (MOS) was not combat arms, he was in Long Binh, Vietnam, when his unit was attacked on the night of 23 February 1969 * he and the other members of his unit were armed, and were fired upon by Vietnamese fighters; he returned fire, perhaps wounding or killing the enemy; a total of 131 enemy Vietnamese were killed that night * when he applied for a disability rating (currently at 90 percent, totally and permanently disabled), he enclosed a Stars and Stripes newspaper account of the battle * the article described the attack on his base and noted the attack was part of the Tet offensive * his DD Form 214 does not currently indicate he was a combat Soldier which precludes him from receiving certain state, county and city tax advantages * there are tax benefits only available for combat-disabled Veterans, based on his combat service he is disabled and receives disability for post-traumatic stress disorder 3. The applicant provides a DD Form 214 for the period ending 27 July 1969. 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 2 August 1967 and held MOS 31N (Tactical Circuit Controller). 3. His available service record contains: a. Special Orders (SO) Number 157, dated 5 July 1968, issued by Headquarters, U.S. Army Southeastern Signal School, shows he qualified expert and is authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). b. SO Number 227, dated 20 September 1968, issued by Headquarters, U.S. Army Southeastern Signal School, directed the applicant to report for overseas travel on 26 October 1968. c. SO Number 304, dated 30 October 1968, issued by Headquarters, U.S. Army, Vietnam Transient Detachment, reassigned him to the 160th Signal Group. d. DA Form 20 (Enlisted Qualification Record). (1) Item 31 (Foreign Service) indicates he served in Vietnam from on or about 28 October 1968 to on or about 25 July 1969 (a period of 8 months and 28 days). He has qualifying service for four campaigns: * Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968) * Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969) * Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969) * Vietnam Summer - Fall, 1969 (9 June 1969 to 31 October 1969) (2) Item 38 (Record of Assignments) shows, while in Vietnam, he was assigned to the 580th Telecommunication Operations Company, 44th Signal Battalion, for the period on or about 1 November 1968 to on or about 23 July 1969. 4. He was honorably released from active duty on 27 July 1969. His DD Form 214 shows in: a. Item 22c (Foreign and/or Sea Service), service in the U.S. Army, Pacific (USARPAC) for a period of 11 months and 29 days [sic, counting from 28 October 1968 to 25 July 1969 is 8 months and 28 days]. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * two overseas service bars c. Item 30 (Remarks) is void of any entries regarding service in Vietnam. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document was to provide the individual with documentary evidence of his or her military service. a. Chapter 2 contained guidance on the preparation of the DD Form 214 and stated that item 22c was to show the total active duty service performed outside the continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., U.S. Army, Europe (USAREUR), or USARPAC. b. Later versions of the regulation stipulated the exact dates of service in Vietnam were to be annotated in the remarks section of the DD Form 214. 2. DA Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. The Meritorious Unit Commendation was awarded to the 44th Signal Battalion, with the 580th Signal Company as a subordinate unit, by Department of the Army General Order (DAGO) Number 43, 1970, for the period 1 September 1968 through 31 August 1969. b. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974. DISCUSSION: 1. With respect to his combat service: a. There is no regulatory guidance in the governing regulation to list specific language that a Soldier served in combat. However, entering language that shows a Soldier served in a combat theater such as Vietnam satisfies this requirement. The applicant in this case served in Vietnam (USARPAC) from on or about 28 October 1968 to on or about 25 July 1969. b. At the time of his service, the regulation governing the preparation of the DD Form 214 did not require an entry for Vietnam service. Subsequent versions of the regulation did. There is no harm to the Army or the Soldier if his Vietnam service is listed in the remarks block of his DD Form 214. c. Based on the dates shown on his DA Form 20 for his tour in Vietnam, he served a total of 8 months and 28 days. However, his DD Form 214 reflects 11 months and 29 days. Based upon his DA Form 20 as well as his assignment orders, it appears the period listed on his DD Form 214 is incorrect and it would be appropriate to modify the entry. 2. He participated in four campaigns during his service in Vietnam. Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal. 3. SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). This award is not reflected on his DD Form 214. 4. GO awarded the 580th Telecommunication Operations Company the below listed awards during his service in Vietnam, which should be added to his DD Form 214: * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010164 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010164 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2