IN THE CASE OF: 
BOARD DATE: 17 January 2024 
DOCKET NUMBER: AR20230007148 


APPLICANT REQUESTS: in effect, correction of his DD Form 214, Armed Forces of the United States-Report of Transfer or Discharge to show his wartime/foreign service in the Republic of Vietnam (RVN) from June 1967 to August 1968. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 

•DD Form 149, Application for Correction of Military Record

•Army Commendation Medal (ARCOM) citation

•Photograph

•DD Form 214



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, in effect, that he completed foreign service in the RVN fromJune 1967 to August 1968 between Chulai and Tam Ky, RVN. First as a forwardobserver and then as a communication noncommissioned officer with Battery B, 187thArtillery. He further states that his Army Commendation Medal citation incorrectly showshis RVN service was from “July 1967 to July 1968.”

3.The applicant’s record is not available for review. His DD Form 214 and hissupporting documents are sufficient for the Board to make an impartial decision in thiscase.

4.A review of the applicant's record shows the Republic of Vietnam Gallantry Crosswith Palm Unit Citation was not listed on his DD Form 214, as such, his DD Form 214will be administratively corrected without action by the Board to add this unit award.

5.On 21 November 1966, the applicant was inducted into the Army of the UnitedStates.
6.He was released from active duty on 20 November 1968. Item 22c, Foreign and/orsea service, of this form shows the applicant completed one year of foreign service inthe United States Army Pacific Command (USARPAC). Additionally, item 24,Decorations, Medals, Badges, Commendations, Citations and Campaign RibbonsAwarded or Authorized, of his DD Form 214 does not reflect awards of the ArmyCommendation Medal but it does shows he was awarded the:

•National Defense Service Medal

•Vietnam Service Medal

•Good Conduct Medal



7.Review of the Awards and Decorations Computer-Assisted Retrieval System(ADCARS), an index of general orders issued during the Vietnam era between 1965and 1973 maintained by the Military Awards Branch of the U.S. Army HumanResources Command, failed to reveal an Army Commendation Medal pertaining to theapplicant.

8.The applicant provides a photograph of himself in military uniform and a copy of anArmy Commendation Medal citation awarded for meritorious service in support of alliedcounterinsurgency operation in the RVN during the period July 1967 to July 1968.

a.With the exception of this document there is no information available to verify thedates of his service in Vietnam. 

b.Department of the Army Pamphlet 672-3 (Unit Citation and CampaignParticipation Credit Register) shows the following 4 campaigns occurred during this range of dates: 

•Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968

•TET Counteroffensive, 30 January 1968—1 April 1968

•Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968

•Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968



9.The ABCMR begins its consideration of each case with the presumption ofadministrative regularity. The ABCMR will decide cases on the evidence of record. It isnot an investigative body. The applicant has the burden of proving an error or injusticeby a preponderance of the evidence.



BOARD DISCUSSION: 






1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that partial relief was warranted. The Boardcarefully considered the applicant's record of service, documents submitted in supportof the petition and executed a comprehensive and standard review based on law, policyand regulation.  Upon review of the applicant’s petition and available military records,the Board determined the governing regulation provides that at separation the servicemember’s record will be used to enter accurate information when completing theirDD Form 214.  Based upon the information already reflected on the applicant's DDForm 214 (1 year of foreign service) and the citatation for Vietnam service aligning withthat one year of Vietnam service, the Board found the applicant’s record is absent hiswartime/foreign service in the Republic of Vietnam (RVN) for the period of July 1967 toJuly 1968.2.However, the Board agreed the unsigned certificate of an ARCOM is insufficient tocorrect his records to grant the award. The Board noted the applicant’s record is absentsufficient evidence showing any recommendations or orders for an ArmyCommendation Medal. The Board concluded the burden of proof rests with theindividual concerned to provide evidence of a clear and convincing nature withdocumentation to support the applicant’s request for the award. Based on this the Boardgranted partial relief to correct the applicant foreign service credit.3.Prior to closing the case, the Board did note the analyst of record administrativenotes below, and recommended the correction be completed to more accurately depictthe military service of the applicant.


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

:X :X :X GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 





BOARD DETERMINATION/RECOMMENDATION: 









1.In addition to the administrative notes annotated by the Analyst of Record (below thesignature), the Board determined the evidence presented is sufficient to warrant arecommendation for partial relief. As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected by amendinghis DD Form 214 for the period ending 20 November 1968 to show in:•item 30 (Remarks) Republic of Vietnam July 1967 to July 19682.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief. As a result, the Board recommends denial of so much ofthe application that pertains to award of the Army Commendation Medal.



Microsoft Office Signature Line...
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 NOTES: 

Administratively correct the applicant's dd Form 214 without action by the Board to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 


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 Army Board for Correction of MilitaryRecords (ABCMR) to excuse an applicant's failure to timely file within the 3-year statuteof limitations if the ABCMR determines it would be in the interest of justice to do so.

2.Army Regulation (AR) 635-5, Personnel Separations-Separation Documents, ineffect at the time, states, to show service in Vietnam only, enter the following in theRemarks section of the DD Form 214: "Vietnam-[DATE through DATE], Indochina-yes, Korea-No."  

3.Department of the Army Pamphlet 672-3 (Unit Citation and Campaign ParticipationCredit Register) shows Department of the Army General Orders (DAGO) 8, 1974,announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm forservice in Vietnam to the following units:

a.Headquarters, United States Military Assistance Command and its subordinateunits during the period 8 February 1962 to 28 March 1973. 

b.Headquarters, United States Army Vietnam and its subordinate units during theperiod 20 July 1965 to 28 March 1973 

4.Army Regulation 600-8-22 (Military Awards) a bronze service star is worn on theappropriate service ribbon, to include the Vietnam Service Medal, for each creditedcampaign. The following 4 campaigns occurred during the period covered in the citationprovided by the applicant.

•Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968

•TET Counteroffensive, 30 January 1968—1 April 1968

•Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968

•Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968



5.AR 15-185, Army Board for Correction of Military Records, prescribes the policiesand procedures for correction of military records by the Secretary of the Army actingthrough the ABCMR. The ABCMR begins its consideration of each case with thepresumption of administrative regularity. The ABCMR will decide cases on the evidenceof record. It is not an investigative body. The applicant has the burden of proving anerror or injustice by a preponderance of the evidence.

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