ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:    BOARD DATE: 30 March 2021 DOCKET NUMBER: AR20200009479 
APPLICANT REQUESTS: Correction of the former service member's (FSM) DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the dates of his service in Vietnam. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. 
DD Form 149 (Application for Correction of Military Record) 

. 
DD Form 214 

. 
Standard Form 502 (Medical Record – Narrative Summary) 

. 
Medical Certificate 

. 
Power of Attorney 


FACTS: 
1. 
The applicant did not file within the three-year time frame provided in Title 10, U.S. 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, the spouse of the FSM, states the FSM served in Vietnam between 1962 and 1964 but this service was omitted from his DD Form 214. The correction is required in item 32 (Remarks) of the DD Form 214 in order for the FSM to qualify for medical benefits. 

3. 
The FSM enlisted in the Regular Army on 5 April 1961. 

4. 
The FSM's DA Form 24 (Service Record) shows in Section 5 (Service Outside Continental United States) his foreign service as follows: 

. 
Okinawa – 25 November 1962 to 9 February 1963 

. 
Vietnam – 9 February 1963 to 9 August 1963 9 (6 months) 

. 
Okinawa – 9 August 1963 to on or around 24 March 1964 



5. 
The FSM's DA Form 24 also shows he received "excellent" conduct and efficiency ratings throughout most of his active service. He received rating of "unknown" during the period 22 December 1961 to 7 January 1962. His DA Form 24 further shows he was absent without leave during the period 2-3 January 1962. 

6. 
The FSM was released from active duty on 24 March 1964 in the rank of specialist four after completing 2 years, 11 months, and 18 days of active service. His DD Form 214 shows in item 24c (Foreign and/or Sea Service) he was credited with 1 year, 4 months, and 19 days of foreign service and the entry "USARPAC" (U.S. Army Pacific). The DD Form 214 does not show foreign service in item 32. The DD Form 214 also shows he was awarded the Armed Forces Expeditionary Medal, Medical Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 


BOARD DISCUSSION: 
After reviewing the application, supporting documents and evidence in the applicant's records, the Board found that relief was warranted. Based on the documentation available for review the Board sufficient documentation of service in Vietnam to warrant relief. Prior to closing the case, the Board did note the corrections stated in the administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 
BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX 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, in addition to the corrections stated in the Administrative Notes that follow, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD214 for the period ending 19 May 1969 to show in item 32 (Remarks):  
Service in Vietnam: 9 February 1963 to 9 August 1963 
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. 
ADMINISTRATIVE NOTE(S): 
1. 
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows that all units that served in Vietnam during the period 8 February 1962 to 28 March 1973 were 

awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974. This unit award is not shown on the FSM's DD Form 214. 

2. 
Army Regulation 600-8-22 (Military Awards) 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. This award is not shown on the FSM's DD Form 214. 


REFERENCES: 
1. 
Title 10, U.S. Code, 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 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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The version in effect at the time of the applicant's release from active duty, dated 13 August 1963, states that in item 24c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and last oversea theater the service was performed, e.g., USAREUR (U.S. Army Europe). 

3. 
Army Regulation 635-5, dated 23 May 1972, shows the regulation was changed by requiring the following entry in the remarks section: Indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. Sample entry is as follows: To show service in Vietnam only, "Vietnam-25 April 70 through 28 May 71, Indochina-yes, Korea-no." 

4. 
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more 


than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying. There was no right or entitlement to the award until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 
//NOTHING FOLLOWS//