RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 12 FEBRUARY 2004
         DOCKET NUMBER: AR2003091027


         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
Ms. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Lester Echols		Member
Mr. Robert J. Osborn II		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his records be corrected to reflect seven awards of the Air Medal, his combat citations, and campaigns, and that his foreign service be corrected to show 7 years, 2 months, and 8 days of overseas service vice 2 years, 2 months, and 8 days. He specifically mentions that his records should reflect entitlement to the “Vietnam Unit Citation, National Unit Citation, Presidential Unit Citation,” and two awards of the Republic of Vietnam Gallantry Cross.

2. The applicant states, in effect, that he has attempted to have the awards added to his separation document for some time but was provided copies of previously issued Department of Defense Forms 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge).

3. In addition to his self-authored statement, the applicant provides a copy of his Department of the Army Form 20 (Enlisted Qualification Record), copies of documents awarding him four Air Medals and indicating that the additional three Air Medals are recorded on his Department of the Army Form 20. He also submits copies of correspondence previously submitted in an attempt to have decorations added to his separation document, copies of two earlier issued Department of Defense Forms 215, and copies of his three Department of Defense Forms 214 (Armed Forces of the Untied States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 29 June 1971. The application submitted in this case is dated 9 May 2003.

2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s Official Military Personnel File was not available to the Board. However, documents provided by the applicant were sufficient to reconstruct information regarding his military service.

4. The applicant served an initial period of active duty between September 1959 and September 1961.

5. In December 1961 the applicant returned to active duty and was discharged for the purpose of immediate reenlistment on 13 August 1968. During this period of military service, the applicant was assigned to an organization in Hawaii between 29 January 1962 and 21 January 1965, a period of 2 years, 11 months, and 22 days. During his assignment in Hawaii, he was deployed to Vietnam from 21 May 1964 through 21 August 1964, a period of 3 months and 1 day. An Air Medal, awarded for meritorious achievement during the period 1 June 1964 to
16 July 1964 indicates that he was assigned to Company A, 2^nd Battalion, 27^th Infantry Division while deployed to Vietnam. The applicant’s Department of the Army Form 20 indicates that orders confirming his initial award of the Air Medal were published by the 117^th Aviation Company. Documents provided by the applicant also confirm that he was awarded two more awards of the Air Medal (17 July 1964 - 14 August 1964, 16 August 1964 – 27 August 1964). He would have been credited with participating in the Vietnam Advisory Campaign during this deployment to Vietnam. However, there is no indication that his unit received any unit decorations while he was deployed with the organization in Vietnam.

6. On 6 June 1966 the applicant returned to Vietnam where he was assigned to the 4^th Battalion, 503^rd Infantry. Prior to completing that tour of duty in Vietnam, on 4 June 1967, he would have participated in three designated campaign periods (Vietnam Counteroffensive, Vietnam Counteroffensive Phase II, and Phase III). His unit, 4^th Battalion, 503^rd Infantry, was also awarded a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and a Navy Presidential Unit Citation, while he was a member of the organization. None of those awards, however, are recorded on any of his separation documents. During this tour of duty in Vietnam he would have accumulated 11 months and 29 days of foreign service.

7. On 13 December 1967 the applicant returned to Vietnam for a third time. During this tour of duty he was assigned to the 1^st Battalion, 502^nd Infantry. According to documents provided by the applicant, he was awarded his fourth Air Medal for meritorious achievement on 1 February 1968. The certificate awarding the applicant the Air Medal, however, was not signed until December 1968. The awarding authority is recorded as the commanding general of the 101^st Airborne Division.

8. On 13 August 1968 the applicant was discharged for the purpose of immediate reenlistment. The separation document, prepared as part of his reenlistment action, reflects a total of 1 year, 10 months, and 6 days of foreign service during the period of service covered by the separation document. That foreign service is roughly the total amount of time the applicant had served in Vietnam, but did not account for his service in Hawaii. His total foreign service during the period of military service covered by his 13 August 1968 separation document was actually 4 years, 7 months, and 22 days. His tours in Vietnam during that period of military service included 21 May 1964 – 21 August 1964,
6 June 1966 – 4 June 1967, and 13 December 1967 – 13 August 1968, the date of his discharge for the purpose of reenlistment.

9. Army Regulation 635-5, which established the policies and provisions for the preparation of separation documents at the time, stated that item 22c would reflect the total active duty service outside the continental limits of the United States for the period covered by the separation document.

10. The applicant remained in Vietnam, following his 14 August 1968 reenlistment, through 4 April 1969. During this tour of duty in Vietnam the applicant would have participated in five additional campaigns (TET Counteroffensive, Vietnam Counteroffensive Phases IV, V, and IV, and TET 69 Counteroffensive). His unit, the 1^st Battalion, 502^nd Infantry, was awarded a Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and a Republic of Vietnam Civil Actions Honor Medal, while he was a member of the organization.

11. On 15 May 1969 the applicant was assigned to a unit in Panama. He remained in Panama until 22 October 1969, a total of 5 months and 8 days.

12. On 22 November 1969 the applicant returned to Vietnam for his fourth tour of duty. During this tour he was assigned to Company E, 1^st Battalion, 502^nd Infantry and participated in one designated campaign (Vietnam Winter-Spring 1970) prior to being evacuated on 15 December 1970. His foreign service during this tour of duty in Vietnam encompassed a total of 1 year and 24 days. The applicant was evacuated from Vietnam to Puerto Rico where he remained in a patient status until being evacuated to the United States on 22 February 1971.

13. Although the applicant provided no documents confirming award of any Air Medals during his fourth deployment to Vietnam, his Department of the Army Form 20 indicates that he was awarded three additional Air Medals during this final tour of duty in Vietnam; one in April 1970, one in June 1970, and a final one in November 1970. The entries indicate the General Order numbers which were published by the 101^st Airborne Division confirming the awards. With these three awards, his Air Medal awards totaled seven.

14. On 29 June 1971 the applicant was discharged from active duty by reason of physical disability and his name was placed on the Temporary Disability Retired List.

15. Item 22c (foreign and/or sea service) indicates a total of 2 years, 2 months, and 8 days of foreign service during the period of service covered by his June 1971 separation document. It is unclear what foreign service was used to compute that entry. However, in keeping with the provisions of Army Regulation 635-5 the entry should reflect his service in Vietnam between 14 August 1968 and 4 April 1969 (7 months and 21 days), which occurred during the period of service capture by the separation document, his tour in Panama (5 months and
8 days), and his final tour in Vietnam, including his time as a patient in Puerto Rico (1 year and 3 months) for a total of 2 years, 3 months, and 29 days.

16. In 1972 the Office of The Adjutant General issued a Department of the Army Form 215 adding several decorations to the applicant’s 1971 separation document, including two awards of the Silver Star, Gunners Wings, the Combat Infantryman Badge, the Vietnam Service Medal, the Vietnam Campaign Medal with 9 bronze service stars, and the National Defense Service Medal. No unit awards earned by the applicant during his period of military service were added to the separation document. The correction document also added three military training courses to item 25.

17. In January 2000, following an action by this Board, a second Department of the Army 215 was issued correcting the applicant’s 1971 separation document to show a fifth award of the Purple Heart, and adding all four of his tours of duty in Vietnam to item 30 (remarks), including those performed during a period of service not covered by the 1971 separation document.

18. Army Regulation 600-8-22 (Military Awards) notes that campaign participation, reflected as a bronze service star or a silver service star in lieu of five bronze service stars, should be added to the Vietnam Service Medal and not the Vietnam Campaign Medal which in actuality considered a foreign decoration.

19. By 1967, Army Regulation 635-5 provided for the recording of all awards and decorations in item 24 which were earned by an individual, not just those earned during the period of service covered by the separation document.

DISCUSSION AND CONCLUSIONS:

1. The documents provided by the applicant and the entries on his Department of the Army Form 20 are sufficient to conclude that the applicant was awarded seven Air Medals as a result of his service in Vietnam during four different tours of duty.

2. It is unclear what the applicant means when he suggests that his records should reflect award of the “Vietnam Unit Citation” and “National Unit Citation” as there are no such decorations in the Army’s inventory.

3. The applicant is, however, entitled to a Meritorious Unit Commendation, a Navy Presidential Unit Citation, a Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

4. The evidence confirms that the applicant participated in 10 designated campaign periods during his four tours of duty in Vietnam. His campaign participation should be reflected by one silver service star and four bronze service stars on his Vietnam Service Medal vice the nine bronze service stars incorrectly recorded on the Vietnam Campaign Medal.

5. Although this Board originally corrected the applicant’s 1971 separation document to show all four of his periods of service in Vietnam on that single document, in actuality, under the provisions of Army Regulation 635-5, the tours should have been separated so as to be reflected on the separation document which captured the period of service during which the tours occurred. As such, his 1968 separation document should have shown that he served in Vietnam from 21 May 1964 to 21 August 1964, from 6 June 1966 to 4 June 1967, and from 13 December 1967 until 13 August 1968. Item 12c on that separation document should reflect a total of 4 years, 7 months, and 22 days of foreign service.

6. The applicant’s 1971 separation document should show tours of duty in Vietnam from 14 August 1968 to 4 April 1969 and from 22 November 1969 to
15 December 1969. Item 12c on that separation document should reflect a total of 2 years, 3 months, and 29 days of foreign service.

BOARD VOTE:

__JHL___ ___LE __ ___RJO _ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a. by showing on his 1971 separation document that he is entitled a total of seven Air Medals, a Meritorious Unit Commendation, a Navy Presidential Unit Citation, a Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm;
b. by adding one silver service star and four bronze service stars to his Vietnam Service Medal and deleting the service star information from his Vietnam Campaign Medal;

c. by correcting his 1968 separation document to show that he served in Vietnam from 21 May 1964 to 21 August 1964, from 6 June 1966 to 4 June 1967, and from 13 December 1967 until 13 August 1968 and that item 12c on that separation document to reflect a total of 4 years, 7 months, and 22 days of foreign service; and

d. by correcting his 1971 separation document should show tours of duty in Vietnam from 14 August 1968 to 4 April 1969 and from 22 November 1969 to 15 December 1969 and correcting item 12c on that separation document to show a total of 2 years, 3 months, and 29 days of foreign service

2. The Board further determined that 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 changing item 12c on his 1971 separation document to show a total of 7 years, 2 months, and 8 days.





                  ___Joann H. Langston______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091027
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20040212
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.	107.00
2.	110.00
3.
4.
5.
6.