RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 November 2004
      DOCKET NUMBER:  AR2004104115


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert J. Osborn              |     |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 record be corrected to
reflect his service in the Republic of Vietnam (RVN).

2.  The applicant states, in effect, that he served in the RVN between 1967
and 1968, but his records do not reflect this service.

3.  The applicant provides a Department of Veterans Affairs (VA) Rating
Decision in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred in 4 October 1971.  The application submitted in this case
was received on 17 February 2004.

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 Official Military Personnel File (OMPF) includes a
temporary Enlisted Qualification Record (DA Form 20) that was prepared
during his separation processing.  There is no DA Form 20 documenting his
earlier service and there are no assignment or reassignment orders on file
that reveal the dates the applicant served in the RVN.

4.  The OMPF does include a copy of General Orders Number 196, dated
10 August 1967, issued by the 93rd Evacuation Hospital, RVN.  These orders
awarded the applicant the Purple Heart for being wounded in action while
serving in the RVN on 7 August 1967.  These orders also reveal that the
applicant was assigned to Headquarters and Headquarters Company (HHC), 1st
Battalion,
28th Infantry Division at the time.

5.  The applicant’s OMPF also includes a casualty report, dated 8 August
1967, which reported the applicant received a fragment wound to the right
arm and side while at a night defensive position in the RVN on 7 August
1967.  The report further indicates the applicant’s wounds were caused by
hostile mortar and ground attack and were the result of hostile action.

6.  The record also contains a copy of the applicant’s separation document
(DD Form 214), which he received upon his separation on 4 October 1971.
The DD Form 214 confirms he was honorably separated under the provisions of

Army Regulation 635-200, by reason of expiration of term of service.  Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) lists only the National Defense Service
Medal and Item 30 (Remarks) contains an entry indicating the applicant was
separated with temporary records.

7.  On 7 April 1976, the applicant was issued a correction to his
separation document (DD Form 215) which corrected Item 22a(1) (Net Service
This Period), Item 22a(3) (Total) and Item 22b (Total Active Service) to
read “3 years, 1 month and 15 days”.  It also corrected Item 26a (Non-Pay
Periods Time Lost) to read “128 days (10 USC 972)” and Item 30 (Remarks) by
adding the entry ”621 days lost under 10 USC 972, time lost only:  1-3 Nov
68, 6 Nov-9 Dec 68, 18-19 Dec 68, 7 Jul-5 Aug 69, 6 Aug-27 Oct 69, 3-5 Apr
70, 22-25 Jan 70, 7-30 Apr 70,
7-26 May 70, 27 May 70-11 Jul 71 and 12-18 Jul 71.”

8.  On 20 April 1976, an Assistant Adjutant of the Office of The Adjutant
General, Reserve Components Personnel and Administration Center, St. Louis,
Missouri, responded to a request from the applicant concerning his time
lost and foreign service.  This official informed the applicant that his
records were corrected to show he had a total of 621 days lost under the
provisions of Title 10, United States Code, Section 972 and that a DD Form
215 with corrections was enclosed.  The applicant was also informed that
while his records showed he was assigned to HHC, 1st Battalion, 28th
Infantry, 1st Infantry Division in August 1967, a search of the unit’s
morning reports for the periods 15 April through
25 May 1967 and 15 April through 25 May 1968 failed to show he was a member
of the unit.  Finally, the applicant was advised that in order to correct
his foreign service dates more specific dates of assignment had to be
furnished.

9.  The applicant provides a VA Rating Decision document that confirms he
was granted service connection for a Post Traumatic Stress Disorder (PTSD)
and received a 30 percent disability rating, effective 18 September 2001.

10.  The VA rating decision document provides no information regarding the
applicant’s period of assignment in the RVN and it confirms his military
records did not mention his RVN service or that he wounded in action and
earned the Purple Heart.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains item-by-item instructions for completion of the DD
Form 214.  The guidance for foreign service entries states, in pertinent
part, that the foreign service documented on the member’s military
personnel records will be entered.  The instructions also allow for use of
the Remarks section for entries not covered by other items.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on the Vietnam Service Medal.  It states, in pertinent part, that
it is awarded to members who served in Vietnam for 1 or more days between 3
July 1965 and
28 March 1973.  Department of the Army General Order Number 8, dated in
1974, authorized the award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation to all personnel assigned to the RVN between 8 February
1962 and 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that his records and more specifically his
separation document be corrected to properly reflect his RVN service was
carefully considered.  However, while it is clear the applicant served in
the RVN, as evidenced by the casualty report and Purple Heart orders on
file, there are no source records or documents available to confirm the
actual period of his RVN service.

2.  Absent RVN assignment orders, reassignment orders or other records or
documents that confirm the period the applicant served in the RVN, a
correction to Item 22c (Foreign and/or Sea Service) of the applicant’s DD
Form 214 is not possible.  However, since the evidence clearly shows he
served in the RVN, it would be appropriate to add the applicant’s earned
Purple Heart to Item 24 of his DD Form 214.  Further, as an exception to
policy, in the interest of equity, it would also be appropriate to add the
following entry to Item 30 of the separation document:  “Member Served in
Vietnam-Dates of Service Unknown”.

3.  Further, based on his RVN service of at least one day, the applicant is
entitled to the Vietnam Service Medal and Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  Thus, it would also be appropriate to add
these awards to his record.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__JTM_ _  ___RJO _  ___FE __  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 4 October
1971 DD Form 214 by adding the following awards to Item 24:  Purple Heart,
Vietnam Service Medal and Republic of Vietnam Gallantry Cross with Palm
Unit Citation and adding the entry “Member Served in Vietnam-Dates of
Service Unknown” to Item 30; 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
entering specific Vietnam Service dates to his record and more specifically
to Item 22c of his 4 October 1971 DD Form 214.




            ____Fred Eichorn_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004104115                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/10/04                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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