ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 July 2019 DOCKET NUMBER: AR20190000269 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show credit for his service in Republic of Vietnam (RVN) instead of US Army Pacific (USARPAC). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * undated/unmarked photos * Special Orders Number 204, dated in July 1968 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 10 October 1969 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 11 January 1990 * Department of Veterans Affairs Rating Decision 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. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20170002700 on 5 September 2018. 3. The applicant states, in effect, he arrived to RVN in May of 1968. He was awarded the Combat Infantryman Badge (CIB) when he was serving with Company C, 2nd Battalion, 327th Infantry Regiment, 101st Air Calvary Division in RVN. 4. A review of the applicant’s military service records shows on: * 12 October 1967 – enlisted in the Army of the United States as a Light Weapon Infantryman (11B) * 10 October 1969 – honorably released from active duty and transferred to the US Army Reserve Control Group (Annual), his DD Form 214 shows in item 22c (Foreign and/or Sea Service), he served 9 months in USARPAC * 3 April 1979 – after a break in service, enlisted in the Regular Army * 11 January 1990 – honorably discharged by reason of physical disability 5. His service record contains a DA Form 20 (Enlisted Qualification Record), which shows the following in: * item 31 (Foreign Service), “USARPAC (Vietnam)” although the dates are not legible * item 38 (Record of Assignments), lists that he served as a Rifleman (11B2P) with Company C, 2nd Battalion (Air Cavalry), 327th Infantry Regiment, USARPAC * item 41 (Awards and Decorations) shows he was awarded the Vietnam Service Medal, Combat Infantry Badge, and the Vietnam Campaign Medal with 1960 device, which are not listed on his DD Form 214 6. The applicant provides: * photos he states were taken while in RVN, but are not dated or marked, so the location cannot be presumed * Special Orders Number 204, issued by Headquarters, 101st Air Cavalry Division, APO San Francisco, on approximately 22 July 1968, awarded him the CIB, but does not indicate dates of service for the award * DD Form 214 for the period ending on 10 October 1969, which shows he was honorably released from active duty after completing 1 year, 11 months, and 28 days, which included 9 months of foreign service in USARPAC * DD Form 214 for the period ending on 11 January 1990, which shows he completed 10 years, 11 months, and 9 days of active duty, of which 6 years, 6 months, and 21 days were of foreign service, but the locations are not listed * Department of Veterans Affairs Rating Decision 7. Army Regulation 635-5 (Personnel Separation – Separation Documents), in effect at the time, states the purpose of a separation document, such as a DD Form 214, is to provide the individual with documentary evidence of his military service. Item 22c (Foreign and/or Sea Service), enter total active duty outside continental limits of the US for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/ or Sea Service (USAREUR)." Figure 1, shows: BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and policy applicable at the time of the applicant’s service. The Board considered the applicant’s statement, his record of service to include service in Vietnam, the reason for his separation and the policy for entries on the DD Form 214. The Board found that applicant did service his Foreign Service in Vietnam and determined that a correction to his record was appropriate. The Board concurs with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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: In addition to the corrections stated in the Administrative Note(s) that follow, 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 DD Form 214 for the period of service ending 10 October 1969 to reflect in item 22 (Statement of Service) c. (Foreign and or Sea Service) – “USARV” vice “USARPAC.” 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 records show he is authorized the following awards and his DD Form 214 should be amended by adding: * Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation – DAGO 8, 1974 * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantry Badge 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 (Personnel Separation – Separation Documents), in effect at the time, states the purpose of a separation document, such as a DD Form 214, is to provide the individual with documentary evidence of his military service. Item 22c (Foreign and/or Sea Service), for enlisted personnel, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/ or Sea Service (USAREUR)." An example in figure 1, shows: ABCMR Record of Proceedings (cont) AR20190000269 5