RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      19 September 2006
      DOCKET NUMBER:  AR20060001331


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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, correction to his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) and his
records to show he served in Vietnam from approximately November 1970 to
May 1971.

2.  The applicant states, in effect, his records should show his time in
Vietnam.  He also states that his DD Form 214 shows no time overseas, let
alone, his Vietnam time.  He was in Vietnam for approximately 6 months,
stationed with the 159th Aviation, 101st Airborne, in Phu Bie, near Danang.

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 March 1972, the date of his discharge.  The application
submitted in this case is dated 19 January 2006.

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 limitations 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 military records show that he was inducted into the
Army of the United States for 2 years, as a private, pay grade E-1, on 18
March 1970.  He completed his basic and advanced training and was assigned
military occupational specialty 94B20, cook.  He was advanced to pay grade
E-2 on 19 May 1970.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he
departed for Vietnam on 3 February 1971 and arrived in Vietnam on 12
February 1971.  He participated in one campaign.

5.  On 28 May 1971, he was reported absent without leave (AWOL) and dropped
from the rolls on 30 June 1971.  He returned to military control on 6
January 1972.

6.  He was separated on 7 March 1972, in pay grade E-1, under the
provisions of Army Regulation 635-200, Chapter 10, for the good of the
service.  He was credited with 1 year, 3 months, and 28 days total active
service and 232 days of lost time due to being AWOL.

7.  He was issued a DD Form 214 that indicates he was credited with zero
time for foreign and/or sea service (Block 22c).  His DD Form 214 also
shows his AWOL was from 28 May 1971 through 4 January 1972, 13 January 1972
through 25 January 1972, and 1 March 1972 through 7 March 1972.  The DD
Form 214 further shows he had 51 days of excess leave from 1 January 1971
through 25 January 1971 and 4 February 1972 through 29 February 1972.

8.  The applicant's DA Form 20 (Enlisted Qualification Record), is
annotated with service in Vietnam from 12 February 1971 to 11 February
1972.  His DA Form
20 also shows he arrived in Vietnam on 12 February 1971 and was dropped
from the rolls on 28 June 1971.

9.  Army Regulation 635-5, in effect at the time, governed the preparation
of the DD Form 214.  This regulation specified that Block 22a(1) (Statement
of Service) (Net Service This Period) would list total service completed
between the dates shown in Blocks 10c (Date Inducted) and 11d (Effective
Date), less time lost.  Block 22c (Foreign And/Or Sea Service) would list
the total active duty 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.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Service Medal.  This medal is awarded to all
members of the Armed Forces of the United States for qualifying service in
Vietnam after
3 July 1965 through 28 March 1973.  Qualifying service included attachment
to or assignment for 1 or more days with an organization participating in
or directly supporting military operations.

11.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each campaign listed in Appendix B of this
regulation and states that authorized bronze service stars will be worn on
the appropriate campaign or service medal including the Vietnam Service
Medal.
DISCUSSION AND CONCLUSIONS:

1.  In view of the foregoing, the applicant is entitled to have his DD Form
214 and records corrected to show he served in the US Army Pacific
(USARPAC), Vietnam, from 12 February to 27 May 1971, a total of 3 months
and 16 days.  However, it would not be appropriate to correct his DD Form
214 and his records to show that he served in Vietnam from November 1970 to
May 1971.  Correction to Block 22c does not require any adjustment to the
other blocks in item 22 (Statement of Service).

2.  The evidence shows the applicant arrived in Vietnam on 12 February
1971.  He was reported AWOL on 28 May 1971 and dropped from the rolls on
28 June 1971.  He was separated from active duty on 7 March 1972, while
still in an AWOL status.  Therefore, he served in Vietnam from 12 February
to 27 May 1971, a total of 3 months and 16 days.  His records do not show
he returned to Vietnam after his period of AWOL beginning on 28 May 1971.

3.  The evidence of record also shows he had 232 days of lost time due to
being AWOL and this period of lost time covers the period of time he
alleges to have served in Vietnam.  He was credited with only 1 year, 3
months, and 28 days net service to include the 3 months and 16 days he
served in Vietnam.  When the applicant's lost time was subtracted, he was
credited with the total net active service covered by the period of the DD
Form 214.

4.  The evidence of record further shows that based on his service and
campaign participation in Vietnam the applicant is entitled to award of the
Vietnam Service Medal with one bronze service star.

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

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 March 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 6 March 1975.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__A_____  _TR____  __ML ___  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:

      a.  by showing on his DD Form 214, Block 22c (Foreign and/or Sea
Service) that he served 3 months and 16 days in the USARPAC;


      b.  by showing on his DD Form 214, Block 30 (Remarks) that he served
in Vietnam; and


      c.  by awarding him the Vietnam Service Medal with one bronze service
star and by providing him a correction to his separation document that
includes these changes and awards.

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
showing that amount of foreign and/or sea service in excess of 3 months and
16 days in Block 22c of the applicant's DD Form 214 and his records.




                            _____James E. Anderholm______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001331                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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