IN THE CASE OF:  

		BOARD DATE:  9 October 2020

		DOCKET NUMBER:  AR20200001787


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer of Discharge) to show:

	a.  award of the "Vietnam Combat Medal" (taken to mean the Vietnam Service 
Medal) and

	b.  the end date of his Vietnam service as "12 August 1972" instead of "19 June 
1972."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  
DD Form 149 (Application for Correction of Military Record), dated 25 November 2019

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) 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:

	a.  He served in Vietnam as a Radio Telephone Operator with the 196th Infantry 
Brigade and he left Vietnam on 12 August 1972.

	b.  He needs a copy of his DD Form 215 (Correction to DD Form 214).

3.  The applicant's records contain sufficient evidence to support additional awards not 
shown on his DD Form 214.  His DD Form 214 will be administratively corrected without 
Board action to show award of the following:

*	Vietnam Service Medal with two bronze service stars
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  The Board will consider the applicant's request to change his Vietnam service end 
date to 12 August 1972. 

5.  The applicant enlisted in the Regular Army on 22 April 1971.

6.  He completed training and he was awarded military occupational specialty (MOS) 
13A10 (Field Artillery) on 27 August 1971.

7.  He served in Vietnam during the period of 14 March 1972 to 19 June 1972 and he 
participated in two campaigns.  While in Vietnam, he was assigned to the following 
units:

*	196th Replacement Detachment as a student from 18 March 1972 to 19 March 
1972
*	Battery B, 3rd Battalion, 82nd Artillery, in MOS 13A10 (Cannoneer), from 
20 March 1972 to 19 June 1972

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

	a.  item 29 (Qualification in Arms) – 

*	Marksmanship Qualification Badge with Rifle Bar (M-16) 
*	Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

	b.  item 38 (Record of Assignments), in part – 

		(1)  His duty status was changed to "Casual – enroute to CONUS (continental 
United States)" on 19 June 1972. 

		(2)  On 27 July 1972, he was assigned to Battery A, 1st Battalion, 29th Artillery 
Regiment, Fort Carson, CO.

	c.  item 40 (Wounds) – no entry;

	d.  item 41 (Awards and Decorations) – 

*	National Defense Service Medal
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  On 23 April 1973, he was honorably released from active duty.  His DD Form 214 
shows in:
   a.  item 22b (Total Active Service) – 2 years, 0 months, and 0 days;

   b.  item 22c (Foreign and/or Sea Service) – 3 months and 6 days;

   c.  item 23 (Specialty Number & Title) – 13A10 (Field Artillery Basic, 27 August 
1971;

   d.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) – 

*	National Defense Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

	e.  item 26a (Non-Pay Periods Time Lost) – "None;" and

10.  His records are void of evidence he was in Vietnam on 12 August 1972.


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
partial relief is warranted.

2.  The Board concurred with the corrections described in Administrative Note(s) below.

3.  The Board found insufficient evidence to support a conclusion that his period of 
service in Vietnam was recorded incorrectly in his record. The Board determined the 
dates of service in Vietnam recorded in his record are not in error.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:XXX	:XXX	:XX	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by making the 
corrections described in Administrative Note(s) below.

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to the date he left Vietnam.


		  
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):

The applicant was authorized the following awards not listed on his DD Form 214:

*	Vietnam Service Medal with two bronze service stars
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation


REFERENCES:

1.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 years after discovery of the alleged 
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.

2.  Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.

	a.  The Vietnam Service Medal is awarded to all service members of the Armed 
Forces of the United States serving in Vietnam and its contiguous waters or airspace 
there over, after 3 July 1965 through 28 March 1973.  Service members of the Armed 
Forces of the United States in Thai-land, Laos, or Cambodia, or the airspace there over, 
during the same period and serving in direct support of operations in Vietnam are also 
eligible for this award.

	b.  To qualify for award of the Vietnam Service Medal an individual must meet one of 
the following qualifications:

		(1)  Be attached to or regularly serve for 1 or more days with an organization 
participating in or directly supporting military operations.

		(2)  Be attached to or regularly serve for 1 or more days aboard a U.S. naval 
vessel directly supporting military operations.

		(3)  Participate as a crewmember in one or more aerial flights into airspace 
above Vietnam and contiguous waters directly supporting military operations.

		(4)  Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days 
in Vietnam or contiguous areas, except that time limit may be waived for personnel 
participating in actual combat operations.

	c.  One bronze service star is authorized with the Vietnam Service Medal for each 
campaign during which a member was assigned or attached to and present for duty with 
a unit during the period in which it participated in combat.

3.  Department of the Army General Orders DAGO Number 8, dated 19 March 1974, 
announced award of 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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20200001787


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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