IN THE CASE OF:  BOARD DATE:  16 December 2021 DOCKET NUMBER: AR20210011445 


APPLICANT REQUESTS: correction of item 24c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 January 1967 to show his foreign service in both Vietnam and Europe. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

.DD Form 214

.unidentified Vietnamese Document (presumed to be an identification card)

.Headquarters, U.S. Army Aviation Center, Fort Rucker, AL, Special OrdersNumber 176, 31 August 1964

.Headquarters Detachment, 145th Aviation Battalion, Tan Son Nhut Air Base,Vietnam, Unit Orders Number 79, 14 November 1964

.Headquarters, 18th Aviation Operating Detachment, Tan Son Nhut Air Base,Vietnam, Unit Orders Number 14, 14 June 1965

.Headquarters, U.S. Army Post, Verdun, France, Special Orders Number 124,22 December 1965

.Department of Veterans Affairs Letter, 6 November 2020 (first page only)



FACTS: 

1.The applicant did not file within the 3-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 theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states item 24c of his DD Form 214 does not include his 1 year offoreign service in Vietnam and his 1 year, 3 months, and 4 days of foreign service inEurope, France in particular. He first noticed it when he received a letter from the VArequesting evidence of his service in Vietnam in support of his claim for veterans'benefits.

3.He enlisted in the Regular Army on 14 February 1964. He completed training andwas awarded military occupational specialty 93B (Air Traffic Controller).

4.Headquarters, U.S. Army Aviation Center, Fort Rucker, AL, Special OrdersNumber 176, 31 August 1964, reassigned him from Fort Rucker, AL, to the145th Aviation Battalion in Vietnam on or about 15 October 1964.

5.Headquarters Detachment, 145th Aviation Battalion, Tan Son Nhut Air Base,Vietnam, Unit Orders Number 79, 14 November 1964, appointed him to the permanentrank/grade of private first class/E-3.

6.Headquarters, 18th Aviation Operating Detachment, Tan Son Nhut Air Base,Vietnam, Unit Orders Number 14, 14 June 1965, temporarily appointed him to therank/grade of specialist fourth class/E-4.

7.Headquarters, U.S. Army Post, Verdun, France, Special Orders Number 124,22 December 1965, promoted him to the rank/grade of specialist five/E-5.

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

.item 29 (Foreign Service) –



.U.S. Army Pacific (USARPAC), Vietnam, from 22 October 1964 through10 October 1965 (11 months and 17 days)

.U.S. Army Europe (USAREUR), France, from 28 November 1965 through24 January 1967 (1 year, 1 month, and 27 days)



.item 33 (Record of Assignments) –



.145th Aviation Battalion (attached to Headquarters Detachment, 18th AirfieldOperations Detachment), USARPAC, Vietnam, from 4 September 1964through 20 August 1965

.125th Air Traffic Company, USARPAC, Vietnam, from 21 August 1965through 16 October 1965

.2d Aviation Company, USAREUR, France, from 17 October 1965 through24 January 1967



.item 41 (Awards and Decorations) –



.Armed Forces Expeditionary Medal (Vietnam)

.Vietnam Service Medal

.Republic of Vietnam Campaign Medal with Device (1960)

.National Defense Service Medal


.Army Good Conduct Medal (1st Award)

.Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



9.He was honorably released from active duty on 30 January 1967 and transferred tothe U.S. Army Reserve Control Group (Reinforcement). He completed 2 years,11 months, and 17 days of total active service during this period. His DD Form 214shows in:

.item 24c (Foreign and/or Sea Service) – USAREUR – 2 years, 3 months, and4 days

.item 26 (Decorations, Medals, Badges, Commendations, Citations, andCampaign Ribbons Awarded or Authorized) –



.Army Good Conduct Medal (1st Award)

.National Defense Service Medal

.Armed Forces Expeditionary Medal (Vietnam)

.Vietnam Service Medal

.Republic of Vietnam Campaign Medal with Device (1960)



.item 32 (Remarks) – no entry for Vietnam service



10.Department of the Army General Orders Number 8, 19 March 1974, confirmedaward of the Republic of Vietnam Gallantry Cross with Palm Unit Citation toHeadquarters, U.S. Military Assistance Command, and its subordinate units during theperiod 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.

11.The letter from the Department of Veterans Affairs, 6 November 2020, requestsevidence of his service in the Republic of Vietnam in connection with his claim forexposure to Agent Orange.

12.He provided a Vietnamese document presumed to be an identification card usedduring his service in Vietnam.


BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found relief is warranted.

2.While the applicant's DD Form 214 correctly shows "USAREUR," the last overseastheater in which he performed service, in item 24c, the Board noted that a later versionof the regulation governing preparation of the DD Form 214 required an entry in the
remarks block documenting service in Vietnam.  The Board found that adding the entry in the remarks block would be equitable and would serve the same purpose as adding a reference to Vietnam in item 24c.  The Board determined that making the corrections described in Administrative Note(s) below will provide the applicant the relief he seeks.  


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:XX :XX :XX 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 making the corrections described in Administrative Note(s) below. 
XCHAIRPERSON

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 is authorized administrative correction of his DD Form 214 for the period ending 30 January 1967 to show the following entries: 

.item 26 –



.Republic of Vietnam Gallantry Cross with Palm Unit Citation

.Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



.item 32 – Vietnam – 22 Oct 64 through 10 Oct 65, Indochina – Yes, Korea – No




REFERENCES: 

1.Title 10, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, andadministrative instructions concerning individual and unit military awards. The VietnamService Medal was awarded to all service members of the Armed Forces of theUnited States serving in Vietnam and its contiguous waters or airspace thereover after3 July 1965 through 28 March 1973.

a.One bronze service star is authorized with the Vietnam Service Medal forparticipation in each campaign. 

b.Individuals who qualified for the Armed Forces Expeditionary Medal by reason ofservice in Vietnam between 1 July 1958 and 3 July 1965 (inclusive) will remain qualified for that medal. Upon request, any such individual may be awarded the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. In such instances, the Armed Forces Expeditionary Medal will be deleted from the list of authorized medals in personnel records. No person will be entitled to both awards for Vietnam service. 

3.Army Regulation 635-5 (Separation Documents), 13 August 1963, prescribed theseparation documents that would be furnished to each individual who is separated fromthe Army, including active duty for training personnel, and established standardizedprocedures for preparation and distribution of these documents. The specificinstructions item 24c stated to enter the total active duty service performed outside thecontinental limits of the United States for the period covered by the DD Form 214 andthe last overseas theater in which the service was performed (e.g., "Foreign and/or SeaService (USAREUR)").
4.  Army Regulation 635-5 (Separation Documents), effective 23 May 1972, stated to indicate Indochina and Korea service performed on or after 5 August 1964 in the Remarks block of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea. To show Vietnam service only, for example, enter "Vietnam – 25 Apr 70 through 28 May 71, Indochina – Yes, Korea – No." 
 
//NOTHING FOLLOWS//