RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 February 2008
      DOCKET NUMBER:  AR20070012384


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Antonio Uribe                 |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 the following items of his 17
July 1970 Separation Document (DD Form 214) be corrected:  Item 10c (Date
of Induction); Item 17b (Term of Service); Item 17c (Date of Entry); Item
22c (Foreign and/or Sea Service); Item 23a (Specialty Number and Title);
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized); Item 25 (Education and Training Completed);
and Item 30 (Remarks).

2.  The applicant states, in effect, that his entire DD Form 214 is
incorrect and the items indicated should be corrected to reflect the
information he provides.

3.  The applicant provides the following documents in support of his
application:  Congressional Inquiry and accompanying documents; Certificate
of Appreciation; Bronze Star Medal (BSM) Certificate and Citation; Military
Occupational Specialty (MOS) Orders; Army Commendation Medal (ARCOM) and
ARCOM 1st Oak Leaf Cluster Orders.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he was initially inducted into the Army of
the United States and entered active duty on 10 July 1968.   Enlisted
Qualification Record (DA Form 20) shows he completed MOS 95B (Military
Police) advanced individual training (AIT) at Fort Gordon, Georgia, and was
awarded MOS 95B on 8 November 1968.

3.  Item 11 (Enlisted, Inducted, Reenlisted, Extended, and or Ordered to
Active Duty (OAD)) of the applicant's DA Form 20 shows that he was released
from the AUS on 9 July 1970, and transferred to the Enlisted Reserve (ER);
and was OAD in an ER status on 10 July 1970.
4.  Item 22 (Military Occupational Specialties) of the applicant's DA Form
20 shows that on 5 November 1969, he was awarded the primary MOS of 64A
(Light Vehicle Driver); and that on 8 January 1979, he was awarded the
primary MOS of 64B (Heavy Vehicle Driver).  Item 31 (Foreign Service) shows
he served in the Republic of Vietnam (RVN) from 9 December 1968 through 16
July 1970.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows
that during his RVN tour, he was assigned to the following units during the
periods indicated and that he was performing duties in the MOS indicated:
1st MP Company, 1st Infantry Division, from 17 December 1968 through 14
April 1969, MOS 95B; Headquarters and Headquarters Company (HHC), 1st
Battalion, 18th Infantry Regiment, from 15 April 1969 through 1 March 1970,
MOSs 95B and 64A; and 321st Transportation Company, from 2 March through 16
July 1970, MOS 64B.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he
earned the following awards during his active duty tenure:  National
Defense Service Medal (NDSM);Vietnam Service Medal (VSM); ARCOM 1st Oak
Leaf Cluster (2nd Award); RVN Campaign Medal with 1960 Device; and Expert
Marksmanship Qualification Badge with Rifle Bar.

7.  Item 42 (Remarks) of the applicant's DA Form 20 contains an entry that
indicates the applicant was transferred to the United States Army Reserve
on
9 July 1970 and volunteered for active duty for 1 month as a Reservist,
effective 10 July 1970.

8.  The applicant's Military Personnel Records Jacket (MPRJ) is void of a
DD Form 214 issued for his AUS service between 10 July 1968 and 9 July
1970, and of any orders awarding the applicant the BSM during his active
duty tenure.

9.  On 17 July 1970, the applicant was honorably separated after completing
a total of 2 years and 8 days of active military service.  Item 4
(Department, Component, Branch or Class) of the DD Form 214 he was issued
at the time shows his component as ER, and Item 10c contains the entry NA.
Item 17b shows the period for which he was entering was 1 month and Item
17c shows the date he entered on that particular period of service was 10
July 1970.

10.  Item 22c of the applicant's 17 July 1970 DD Form 214 shows he
completed
 8 days of active duty service during the period covered by the separation
document (10-17 July 1970) and Item 22a(2) shows he completed 2 years of
prior active duty service and Item 22b (Total Active Service) shows he
completed a total of 2 years and 8 days of active military service.

11.  Item 22c of the applicant's 17 July 1970 DD Form 214 shows he
completed
7 days of overseas service during the period covered by the DD Form 214.
Item 23a, as amended in a correction (DD Form 215) issued on 5 August 1995,
shows he held the primary MOS of 64B (Heavy Vehicle Driver) on 17 July
1970, the date of his separation.

12.  Item 24 of the applicant's 17 July 1970 DD Form 214, as amended by the
DD Form 215 issued on 5 August 1995, shows he earned the NDSM, ARCOM 1st
Oak Leaf Cluster (2nd Award) and RVN Campaign Medal with 1960 Device.  Item
25 contains the entry "None" and Item 30 shows that during the period
covered by the DD Form 214, he served in the RVN from 10 through 16 July
1970.  The applicant authenticated this document with his signature in Item
32 (Signature of Person Being Transferred or Discharged) on 17 July 1970,
the date of his separation.

13.  On 28 November 2005, in response to an application submitted by the
applicant, the ABCMR informed the applicant that his records showed he was
released from active duty and issued a DD Form 214 on 9 July 1970, and that
he volunteered to serve an additional 8 days of active duty service as a
Reservist, which is documented in the DD Form 214 he was issued on 17 July
1970.  He was further informed that inasmuch as his records no longer
contained the
DD Form 214 issued to him on 9 July 1970, which covered the period of
service during which the changes he requested took place, no effective
relief could be provided by the Board.

14.  During the processing of this case, a member of the Board staff
reviewed the Awards and Decorations Computer Assisted Retrieval System
(ADCARS) maintained by the Military Awards Branch, United States Army Human
Resources Command (HRC), which is a web based index containing General
Orders issued during the Vietnam Era between 1965 and 1973.  There are no
orders awarding the applicant the BSM on file in ADCARS.

15.  Army Regulation 635-5 (Separation Documents) prescribes the 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 guidance on preparing and distributing the DD Form 214.
It states, in pertinent part, that The DD Form 214 is a summary of a
Soldier's most recent period of continuous active duty and will be issued
on termination of active duty by reason of expiration of term of service
(ETS), and to Soldier's changing their status.

16.  Chapter 2 of the separations document regulation also contains DD Form
214 preparation instructions.  The version of the regulation in effect at
the time of the applicant's separation stated that the DA Form 20 and
documents contained in the MPRJ would be the information source for entries
on the DD Form 214.  The instructions for Item 10c stated to enter the date
the member entered that particular period of service.  The instructions for
Item 17b stated the entry would be the term of service entered into for
that particular period of service and Item 17c would be the date the member
entered that particular period of service.

17.  The separation documents regulation instructions for Item 22a (1)
stated that the period of service entered would be the total completed
during the period covered by the DD Form 214 (from date of entry (Item 17c)
through effective date (Item 11d)).  The entry for Item 22c would be only
the foreign service completed during the period covered by the DD Form 214.
 The Item 23a entry would be the primary MOS held on the date of separation
from that period of service and the Item 25 entry would only be courses
completed during the period of service covered by the DD Form 214.

18.  Paragraph 2-7 of the separation documents regulation contains guidance
on issuing and reissuing DD Forms 214.  It states, in pertinent part, that
a DD Form 214 will not be issued to replace lost DD Forms 214, and that if
necessary, a Transcript of Military Service would be issued for
undocumented active duty service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the information contained on his 17
July 1970 DD Form 214 was incorrect and should have covered his entire
period of service from the date of his induction, which was 10 July 1968,
through his final separation date, which was 17 July 1970, was carefully
considered.  However, there is insufficient evidence to support this claim.


2.  The evidence of record confirms the applicant was inducted into the AUS
on 10 July 1968, and that he served in that status until 9 July 1970, at
which time he was released from active duty in his AUS status and
transferred to the USAR.  It further shows he volunteered to remain on
active duty in an ER status for
1 Month and entered that period of active duty service on 10 July 1970.
Although no DD Form 214 remains in the file for his original period of
active duty service from 10 July 1968 through 9 July 1970, the regulation
in effect at the time required one be issued for that period of service.

3.  The DD Form 214 the applicant was issued on 17 July 1970, although it
only indicates he completed 8 days of active duty service during the period
covered by the DD Form 214, does account for all his active duty service in
Items 22a(2) and 22a(3).  As a result, although it is not outlined in the
way the applicant would prefer, all his active duty service is accounted
for on this final DD Form 214.

4.  The other items the applicant claims are incorrect on his final DD Form
214 are entries that are restricted to accomplishments completed during the
particular period covered by the DD Form 214, which in this case is 10
through 17 July 1970.  As a result, there is no error or injustice related
to the omission of his accomplishments during his previous period of active
duty service from 10 July 1968 through 9 July 1970.  Further, he has failed
to provide any evidence that he has suffered an injustice as a result of
the omission of this information from this final DD Form 214.  Thus, there
is no equity basis to support granting the requested relief in this case.

5.  The evidence of record is void of any orders or other documents that
indicate the applicant was ever recommended for or awarded the BSM by
proper authority while serving on active duty.  Although the applicant has
provided a BSM Certificate and Citation, absent any orders announcing the
award of the BSM in question by proper authority, or any evidence of record
that corroborates the validity of these documents, they alone are not
sufficient to support a records change at this late date.

6.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KLW_  __AU  ___  __RDG__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  _____Kenneth L. Wright____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070012384                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/01/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/07/17                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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