BOARD DATE: 25 July 2018 DOCKET NUMBER: AR20160019241 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: 25 July 2018 DOCKET NUMBER: AR20160019241 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 adding to his DD Form 214 in: a. item 22e, replacing the current entry with "2 months and 16 days," b. item 24, adding the following awards: * Vietnam Service Medal with one bronze service star * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation c. item 30, the entry, "VIETNAM SERVICE: FROM 17 NOVEMBER 1968 TO 25 DECEMBER 1968." _____________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: 25 July 2018 DOCKET NUMBER: AR20160019241 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 records to show his service in Vietnam. 2. The applicant states: a. He was hospitalized in Long Binh for at least a month before he was medically evacuated to U.S. Army Hospital Camp Zama, Japan. He contracted hepatitis by sharing water with fellow Soldiers upon their return from patrol duty. b. His urine was the color of Coca Cola and he was in the hospital for over 2 months. c. His nephew who served in the U.S. Navy checked over his records and advised him there should be something on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflecting his service in South Vietnam. d. He believes the manner in which he was medically evacuated had something to do with the missing information on his DD Form 214. e. His military records did not catch up with him until several months after he was stationed at White Sands Missile Range, New Mexico. f. He desires correction of his DD Form 214 for the sake of his remaining family. 3. The applicant provides: * Self-authored letter, dated 22 October 2016 * DD Form 214 * Headquarters, U.S. Army School/Training Center and Fort Gordon, Orders Number 285, dated 11 October 1968 * DA Form 8-274 (Medical Condition – Physical Profile Record), dated 26 December 1968 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 21 June 1968. 3. He provided a copy of Headquarters, U.S. Army School/Training Center and Fort Gordon, Special Orders Number 285, dated 11 October 1968, which assigned him to the U.S. Army Republic of Vietnam Transient Detachment effective 17 November 1968. 4. Item 38 (Record of Assignments) of his DA Form 20 (Personnel Qualification Record) shows he was assigned to 101st Military Police Company on 4 December 1968. 5. He provided a copy of his DA Form 8-274, dated 26 December 1968, which shows: a. The Commanding Officer, U.S. Army Hospital Camp Zama, Japan, determined he could be returned to his unit for limited duty. b. He had been seen for an adverse reaction to anti-malaria medication. c. He was not to be assigned to areas where malaria was endemic or where anti-malaria medications were required. 6. His records are void of medical evacuation orders assigning him to the U.S. Army Hospital Camp Zama, Japan. 7. Headquarters, U.S. Army Personnel Center Far East, Special Orders Number 14, dated 21 January 1969, released him from attachment to Medical Hold Detachment, U.S. Army Hospital Camp Zama, Japan, and assigned him to 259th Military Police Service Company, White Sands Missile Range, NM, effective 2 February 1969. 8. On 19 June 1970, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 11 months, and 29 days of net active service and he was awarded or authorized the: * National Defense Service Medal * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Pistol Bar REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The instructions stated: a. to enter the total period of active duty service performed outside the continental limits of the United States in item 22c and b. for item 24, enter from the DA Form 20, all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. c. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30 (Remarks) as follows: "VIETNAM SERVICE: FROM (date) TO (date)." 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. 3. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) provides a lists of campaigns for the Vietnam Conflict and the Grenada Operation and awards received by units serving in the Republic of Vietnam. This pamphlet shows: a. The Vietnam Counteroffensive, Phase VI, for the period 2 November 1968 to 22 February 1969 occurred during the applicant's assignment in Vietnam: b. 101st Military Police Service Company was awarded the: * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order Number 48, dated 1971, for the period 18 March 1968 to 2 May 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 21, dated 1969, for the period 19 July 1968 to 14 May 1969 DISCUSSION: 1. The evidence of record shows the applicant was assigned in Vietnam on 17 November 1968 and on or about 26 December 1968, he was at U.S. Army Hospital Camp Zama, Japan. His records are void of assignment orders or medical evacuation documents transferring him to U.S. Army Hospital Camp Zama, Japan. 2. Orders show he was reassigned from U.S. Army Hospital Camp Zama, Japan, to 259th Military Police Service Company, White Sands Missile Range, NM, on 2 February 1969. 3. The available evidence shows his total foreign service from 17 November 1968 to 1 February 1969 was a total of 2 months and 16 days. His foreign service is not listed on his DD Form 214. 4. Although his records are void of orders assigning or attaching him to U.S. Army Hospital Camp Zama, Japan, the available evidence shows his total service in Vietnam from 17 November 1968 to 25 December 1968 was a total of 1 month and 9 days. His foreign service or service in Vietnam is not listed on his DD Form 214. 4. He served a qualifying period of service for award of the Vietnam Service Medal and he participated in one campaign. This award and campaign participation is not listed on his DD Form 214. 5. The unit to which he was assigned while in Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation. These unit awards are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019241 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019241 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2