PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 October 2002
	DOCKET NUMBER:   AR2002074835

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Charles Gainor		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his records be corrected to show both tours of duty he completed in the Republic of Vietnam (RVN).  

3.  The applicant states, in effect, that the DD Form 214 issued to him on 
16 May 1975, does not accurately reflect his total foreign service in Item 
18f (Foreign Service).  He claims that it should be corrected to show he completed two tours in the RVN.  In support of his application, he submits a copy of his DD Form 214, dated 16 May 1975.

4.  The applicant’s military records show that he initially entered the Army on 
20 January 1969 and that he continuously served on active duty for 1 year, 
11 months, and 18 days until being honorably discharged on 17 January 1971, for the purpose of immediate reenlistment.  On 18 January 1971, he reenlisted for four years and he continuously served on active duty until being honorably discharged on 16 May 1975.

5.  The applicant’s record contains no DD Form 214 for his first period of active duty service from 20 January 1969 through 17 January 1971.  However, it does contain a Certification of Military Service (GSA Form 6954), dated 3 March 1976, which documents his active duty service for this period.  This document confirms that he served on active duty for the period indicated, and that he was honorably discharged in the rank of private.  No other service data for this period of service in entered on this form.  The record also contains a duplicate Certification of Military Service (NA Form 13038), dated 6 February 2002, which also documents this same information for the same period of service.  

6.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he was trained and served in military occupational specialty (MOS) 94B (Food Service Specialist), and the highest rank he attained on active duty was 
specialist four/E-4.  It also verifies that he completed two tours of duty in the RVN.  The first from 22 December 1969 to 21 November 1970 and the second  from 12 March 1971 to 22 February 1972.  

7.  There is only one DD Form 214 on file in the applicant’s Military Personnel Records Jacket (MPRJ).  This document covers his active duty service from 
18 January 1971 through his separation on 16 May 1975, and was issued to and signed by the applicant on the date of his separation.  

8.  Item 18f (Foreign Service) of the applicant’s 16 May 1975 DD Form 214 shows that he completed 11 months and 11 days of foreign service during that enlistment, and that he earned the following awards:  Army Commendation Medal; National Defense Service Medal; Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Campaign Medal with 60 Device.  

9.  Army Regulation 635-5, in effect at the time, provided that a DD Form 214 would be prepared and issued to all personnel at the time of their retirement, discharge, or release from active duty.  It also stipulated that the amount of foreign service listed would reflect the foreign service performed during that specific period of service covered by the DD Form 214 and the last overseas theater in which this service was performed.  It also specified that the inclusive dates of any service performed in the RVN would be shown, and that service performed in Indochina and Korea would be addressed with a Yes or No entry in the Remarks section of the DD Form 214.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he served two tours in the RVN, and the Board finds this claim has merit.  The evidence of record confirms the applicant served two separate tours in the RVN for the periods indicated:  
22 December 1969 to 21 November 1970 and 12 March 1971 to 22 February 1972. 

2.  The Board also notes that the record contains no evidence that a DD Form 214 was issued to the applicant for his active duty period of service from 
20 January 1969 through 17 January 1971, the period during which he completed his first tour in the RVN.  This period of service was accounted for in Certification of Military Service duplicate forms issued in 1976 and 2002.  Thus, the Board concludes that it would be appropriate to issue the applicant a new 
DD Form 214 that accounts for his entire period of active duty service, which includes documenting his foreign service in the RVN, which would ensure that he is not deprived of any benefits or entitlements due him as a result of his service in the RVN.

3.  In addition, the Board notes that the applicant’s record confirms that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and that this award was erroneously omitted from the separation document issued to him in 1975.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing the applicant a new DD Form 214 that documents his entire period of active duty service between 20 January 1969 and 16 May 1975; by showing that he completed 22 months and 11 days of foreign service in the appropriate item of the new DD Form 214; by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the list of earned awards included in the new DD Form 214; and by adding the entry “VIETNAM SERVICE- 22 December 1969 through 
21 November 1970 and 12 March 1971 through 22 February 1972, Indochina-Yes, Korea-No” to the Remarks section of the new DD Form 214.

BOARD VOTE:  

__INW__  __WTM__  __CG  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  ___Irene N. Wheelwright___
		           CHAIRPERSON

INDEX

CASE ID	A2002074835	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/03	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	120.0000	
2.		
3.		
4.		
5.		
6.