ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:     9 April 2019

	DOCKET NUMBER:  AR20180014147


APPLICANT REQUESTS:  the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960) be removed from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214

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 states he was on orders to go to Vietnam, but he never went.

3.  The applicant enlisted in the Regular Army on 22 November 1966.  

4.  His DA Form 20 (Enlisted Qualification Record) shows:

a.  item 31 (Foreign Service) - no entry indicating he served in Vietnam.

   b.  item 38 (Record of Assignments) - no entry indicating he was assigned to Vietnam.  He was assigned to a unit in Lathrop, CA, from April 1967 to August 1969.

   c.  item 41 (Awards and Decorations) - no entries for Vietnam awards.

5.  On 29 August 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows:

* item 12 (Last Duty Assignment and Major Command) – he was assigned to the Army Troop Support Detachment, Sharpe Army Depot (SHAD), Lathrop, CA
* item 24c (Foreign and/or Sea Service) – the entry "0 0 0" indicating he did not have any foreign service
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) 

6.  The Army regulation in effect at the time for preparing the DD Form 214 directed that the total period of active duty served outside of the continental limits of the United States will be entered in item 22c of the DD Form 214.  

7.  The Military Awards regulation states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  

8.  The Republic of Vietnam 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.  

9.  His service records do not include evidence that shows he served in Vietnam.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon a review of the applicant’s military personnel file, the Board concluded that the requested relief was appropriate and recommended the two awards be removed from the applicant’s DD Form 214.   

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

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 the applicant's DD Form 214 to delete the:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
	 
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.





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), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for item 24c, enter the total period of active duty served outside of the continental limits of the United States for the period covered by the DD Form 214.  

3.  Army Regulation 600-8-22 (Military Awards) 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.  

4.  Army Regulation 600-8-22 states the Republic of Vietnam 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.  

ABCMR Record of Proceedings (cont)	 AR20180014147
0

2


1