ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 June 2019 DOCKET NUMBER: AR20170003727 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. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214; however, this document was not located with his application FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant’s military records are not available to the Board for review. An extensive search was conducted to locate his records which are necessary for the processing of this case but could not be found. However, there were sufficient documents remaining in a reconstructed record, to include his DD Form 214, for the Board to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States on 20 December 1965. 4. The applicant was honorably released from active duty on 22 September 1967 and transferred to the United States Army Reserve (USAR). He was separated under the provisions of chapter 5, section VII (Oversea Returnee) of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). He completed 1 year, 9 months, and 3 days of total active service. His DD Form 214 shows: a. Item 12 (Last Duty Assignment and Major Command) the entry, "264th Trans Co TS, APO 96238 USARV" representing his last duty assignment was with the 264th Transportation Company (Terminal Service), APO 96238 United States Army Vietnam. b. Item 22c (Foreign and/or Sea Service) the entry, "USARPAC 1 0 4" representing he served in the U.S. Army Pacific theater for 1 year and 4 days. c. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the NDSM and Sps M-14 representing the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. d. Item 30 (Remarks) indicates he was separated on a temporary record and his own affidavit. 5. A review of the applicant's available record reveals: a. A Standard Form 600 (Chronological Record of Medical Care) which shows he was medically treated on four occasions by the 349th General Dispensary, APO 96312. Note: An internet search shows the APO was designated for Cam Rahm Bay, Vietnam. b. A radiographic report and sick slip, dated 22 June 1966 and 12 July 1967 respectively, show he was medically treated and his unit of assignment was annotated as "264th Trans Co (TS)." c. Standard Form 88 (Report of Medical Examination) and Standard Form 89 (Report of Medical History), both dated 22 September 1967 shows he was given an examination labeled "Vietnam Separation" at Fort Lewis, WA. 6. By regulation (AR 635-5 – Separation Documents), foreign service performed during the period covered by the DD Form 214 is captured in item 22c titled (Foreign Service). The applicant's service in Vietnam from on or about 22 June 1966 to on or about 12 July 1967 is annotated in item 22c of his DD Form 214 as prescribed within AR 635-5, dated 23 January 1967. A later version of this regulation authorized the listing of Vietnam service in the Remarks block of the DD Form 214. Furthermore, the current version of the regulation also authorizes the listing of deployments in the Remarks block. 7. Based on this service, the applicant tis eligible for several awards that were omitted from his DD Form 214 and do not require action by the Board: a. The Vietnam Service Medal is awarded 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, or temporary duty for 30 consecutive or 60 nonconsecutive days. b. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. a. c. The Vietnam Campaign Medal with Device (1960) was awarded 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. d. Department of the Army General Orders awarded the 264th Transportation Company the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. e. Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief is not warranted. The applicant’s contentions were carefully considered. His DD Form 214 shows he served in a unit in U.S. Army Vietnam (USARV), and performed Foreign Service in the U.S. Army Pacific (USARPAC) area of responsibility for 1 year and 4 days. Regulatory guidance during his period of service shows his USARV annotations were correct. The Board agreed there was no error or injustice in this case related to his foreign service credit. However, the Board noted the administrative notes below by the analyst of record and recommended those changes be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. However, the Board noted the administrative notes below by the analyst of record and recommended those changes be completed to more accurately depict the military service of the applicant. 6/25/2019 CHAIRPERSON Signed by: 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s service records shows he is entitled to awards not listed on his DD Form 214. As a result, amend his DD Form 214 to show the following awards: * Vietnam Service Medal with 3 bronze service stars * Vietnam Campaign Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Department of the Army General Orders Number 8, dated 1974 * Meritorious Unit Commendation, for service from 15 September 1966 to 30 June 1967 by Department of the Army General Orders Number 54, dated 1968 * REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), dated 23 January 1967, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation identified the DD Form 214 as a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. a. Item 12c states to enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization reassigning that individual. b. Item 22c would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed, e.g., "Foreign and/or Sea Service (USAREUR) (United States Army Europe))." 3. An internet search revealed the 264th Transportation Company (Terminal Service) assigned to the 5th Transportation Command was deployed and conducted operations in the Republic of Vietnam.