RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           9 June 2005
      DOCKET NUMBER:  AR20040011539


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his separation documents (DD
Forms 214) accurately reflect his foreign service, to include his service
in the Republic of Vietnam (RVN), and that his record show all awards and
decorations to which he is entitled based on his RVN service.

2.  The applicant states, in effect, that there is an error in the date he
entered active duty on his DD Form 214.  He states that he entered active
duty in July 1963, not April 1969, as is indicated on his separation
document.  He also states that he spent a year in the RVN between 1966 and
1967, and that this fact was not documented on his DD Form 214.  Finally,
he claims that his separation document does not list the awards, citations
and campaign ribbons he was authorized.

3.  The applicant provides a highlighted copy of his 29 August 1972 DD Form
214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he was initially inducted into the
Army and entered active duty on 10 July 1963.  He was trained in, awarded
and served in military occupational specialty (MOS) 111.10 (Light Weapons
Infantryman).

2.  The applicant’s Service Record (DA Form 24) covering his military
service from 10 July 1963 through 24 June 1965 shows that he attained the
rank of private first class (PFC) on 12 March 1964, and that this is the
highest rank he attained during this period of active duty service.
Section 9 (Medals, Decorations and Citations) shows that during this period
of active duty service, he earned the Sharpshooter Qualification Badge with
Rifle Bar.

3.  On 24 June 1965, the applicant was honorably separated after completing

1 year, 11 months and 15 days of active military service.  The DD Form 214
he was issued for this period of service confirms he was inducted into the
Army and entered active duty on 10 July 1963.  It also shows that during
this period of active duty service, he earned the Sharpshooter
Qualification Badge with Rifle Bar (M-14).  The applicant authenticated
this document with his signature in Item 34 (Signature of Person Being
Transferred or Discharged).

4.  On 8 July 1965, the applicant enlisted in the Regular Army and
reentered active duty.  He was trained in, awarded and served in MOS 51K
(Plumber).  His Enlisted Qualification Record (DA Form 20) shows that he
served in the RVN between May 1966 and May 1967.  During his RVN tour of
duty, he was assigned to Company A, 8th Engineer Battalion, 1st Cavalry
Division, performing duties in MOS 51K.  Item 41 (Awards and Decorations)
shows that during his active duty tenure, he earned the following awards:
National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN
Campaign Medal with 1960 Device, Army Good Conduct Medal (AGCM), Expert
Qualification Badge with Rifle Bar (M-16), and 2 Overseas Bars.

5.  The applicant was assigned to the United States Army Europe (USAREUR),
Germany and arrived there for duty on 10 December 1968.

6.  On 16 April 1969, while he was serving in Germany, the applicant was
honorably discharged for the purpose of immediate reenlistment.  The DD
Form 214 he was issued to document his active duty service between 8 July
1965 and 16 April 1969 shows that he held the rank of specialist five (SP5)
at the time, and that he had completed 3 years, 9 months and 4 days of
active duty service during the period.  It also shows that he completed 1
year, 3 months and 7 days of overseas service, and that his last overseas
major command in which he performed overseas service was USAREUR.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s 16 April 1969
DD Form 214 shows that during the period of service covered by the
separation document, the applicant earned the VSM, NDSM, RVN Campaign
Medal, AGCM and 1 Overseas Service Bar.  The applicant authenticated this
document with his signature in Item 32 (Signature of Person Being
Transferred or Discharged).

8.  On 17 April 1969, the applicant reenlisted in the RA for six years.  He
attained the rank of staff sergeant (SSG) on 7 January 1970, and this is
the highest rank he attained while serving on active duty.  He continued to
serve in Germany until 24 July 1970, at which time he was reassigned to
Fort Hood, Texas, where he arrived for duty in September 1970.

9.  On 29 August 1972, the applicant was separated with a general, under
honorable conditions discharge, by reason of unsuitability (apathy,
defective attitude, and inability to expend effort constructively).  The DD
Form 214 he was issued at the time shows he held the rank of SP5 and had
completed 3 years,
3 months and 21 days of active duty service during the period.

10.  The applicant’s 29 August 1972 DD Form 214 also shows that he
completed an additional 1 year, 3 months and 13 days of overseas service,
and that the last overseas major command he served in was USAREUR.  It also
shows he earned the Expert Qualification Badge with Rifle Bar (M-16) during
this period of active duty service.  The applicant authenticated this
document with his signature in Item 32.

11.  Army Regulation 635-5 (Separation Documents) prescribes the policy for
the preparation and distribution of separation documents.  It also provides
preparation instructions for the DD Form 214.  The regulation in effect at
the time the applicant was issued his 16 April 1969 DD Form 214 provided
for entering all overseas service completed during the period of active
duty service covered by the DD Form 214 in Item 22c (Foreign and/or Sea
Service).  It stipulated that all active duty service outside the
continental limits of the United States for the period covered by the DD
Form 214 and the last overseas theater in which service was performed (for
example USAREUR) would be entered.

12.  A 27 January 1970 change to the separation documents regulation
provided for documenting RVN service completed during the period covered by
the
DD Form 214 in Item 30 (Remarks).  A 4 February 1972 change to the
regulation provided for documenting any RVN service completed on or after 5
August 1964 in Item 30 of the DD Form 214.

13.  The separations document regulation in effect at the time of the
applicant’s final separation provided for entering all awards earned during
the period covered by the DD Form 214.  The current version of the same
regulation provides for entering all awards earned while serving on active
duty in the DD Form 214.

14.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with the award for
each campaign a member is credited with participating in while serving in
the RVN.

15.  Table B-1 of the awards regulation contains a list of RVN campaigns.
It shows that during the applicant’s tenure of assignment, he was credited
with participating in the Vietnam Counteroffensive Phase I and Vietnam
Counteroffensive Phase II campaigns.
16.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for unit
citation badges awarded during the Vietnam Conflict.  It confirms that
during his tenure of assignment in the RVN, the applicant’s unit (8th
Engineer Battalion) earned the Meritorious Unit Commendation and RVN
Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that the initial date he entered active duty was
not properly documented on his DD Form 214 was carefully considered.
However, there is insufficient evidence to support this claim.  The
evidence of record confirms he was issued three separate DD Forms 214 that
document the three separate periods of active duty service he completed.
The first DD Form 214 he was issued documents the 1 year, 11 months and 15
days of active duty service he completed between his initial entry date of
10 July 1963, and his separation date of 24 June 1965.  As a result, his
initial entry date is accurately documented in his record.

2.  The second DD Form 214 issued to the applicant documents the 3 years,
9 months and 4 days of active duty service he completed between 8 July 1965
and 16 April 1969.  His record confirms that during this period of active
duty service he completed a total of 1 year, 3 months and 7 days of
overseas service, as indicated in Item 24c.  It also verifies that 1 year
of this overseas service was completed in the RVN, and the remaining
overseas service was completed in USAREUR, which was the last overseas
theater in which he performed foreign service during that period of active
duty service, as indicated on the DD Form 214.  The awards entered in Item
24 of this separation document confirm his RVN service.

3.  On 4 February 1972, prior to the applicant’s final separation, the
separation regulation was changed to allow for an entry in Item 30 to
document any RVN service completed on or after 5 August 1964.  The final
separation document issued to the applicant on 29 August 1972 contained no
such entry in Item 30.  As a result, it would be appropriate to add the
following entry to Item 30 of the applicant’s 29 August 1972 DD Form 214:
“Vietnam - 29 May 1966 - 28 May 1967”.
4.  The evidence of record also shows that based on his service and
campaign participation in the RVN, the applicant is entitled to the
Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation
and 2 bronze service stars with his Vietnam Service Medal.  Therefore, it
would also be appropriate to add these awards to his record at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MHM_  ___LE __  ___CAK_  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 by amending his 29 August
1972 DD Form 214 as follows:  Item 24 - delete the current entry and
replace it with the entry “National Defense Service Medal, Vietnam Service
Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with
1960 Device, Army Good Conduct Medal, Meritorious Unit Commendation,
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter
Qualification Badge with Rifle Bar (M-14), Expert Qualification Badge with
Rifle Bar (M-16), and 2 Overseas Service Bars and Item 30 - by adding the
entry “Vietnam - 29 May 1966 through 28 May 1967”; and by providing him a
corrected separation document that reflects these changes.

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 the entry dates listed on his DD Forms 214.




            ____Melvin H. Meyer_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011539                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/09                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1972/08/29                              |
|DISCHARGE AUTHORITY     |AR 635-212                              |
|DISCHARGE REASON        |Unsuitability                           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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