RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20070017090 


	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.


 

Director

 

Analyst
      The following members, a quorum, were present:




Chairperson



Member

M

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 DD Forms 214 (Armed Forces of the United States Reports of Transfer of Discharge) be corrected to show that he was awarded the Combat Infantryman Badge for the Dominican Republic, that he spent 12 months in Dominican Republic and 10 months in Vietnam and was awarded three overseas service bars.   

2.  The applicant states, in effect, that his Combat Infantryman Badge and three overseas service bars should be shown on his final DD Form 214. 

3.  The applicant provides copies of his 8 February 1972 DD Form 214, orders for the Combat Infantryman Badge and two pages of his DA Form 20 (Enlisted Qualification Record). 

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 enlisted on 12 July 1962 and was separated as a sergeant (pay grade E-5) on 24 June 1964.  He reenlisted again on 17 June 1965, 8 March 1968 and 11 December 1970.  His final discharge was on 8 February 1972. 

3.  The applicant's unit was deployed to the Dominican Republic from 9 July 1965 to 10 July 1966 where he was awarded the Combat Infantryman Badge.  The Combat Infantryman Badge is shown on his DD 214 for the period ending 
8 March 1968; the foreign service is not.


4.  The applicant's DD Form 214 for the period ending 8 February 1972 shows, in block 22c, that he served 10 months in Vietnam.  One overseas service bar is listed in Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

5.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the overseas service bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  One overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973, and also for service in the Persian Gulf during Operation Desert Storm from 17 January 1991 to 31 August 1993.  In both instances, the month of arrival and the month of departure are counted as whole months for credit toward the overseas service bar.  This Army regulation also shows, in pertinent part, that service in Vietnam and Operation Desert Storm of periods less than 6 months duration, which otherwise meets the requirements for the award of overseas service bars, may be combined to determine the total number of overseas service bars authorized.

6.  Army Regulation 635-5 (Separation Documents), effective 23 May 1972, provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the Officer Qualification Record (DA Form 66), or the Enlisted Qualification Record (DA Form 20) are to be entered in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  Subsequent editions of the DD Form 214 moved these entries to Item 26 and then to Item 13.  In July 1979, Item 13 added the statement "All periods of service."  

DISCUSSION AND CONCLUSIONS:

1.  During the Vietnam era it was a common practice to list overseas service bars in the awards block of a Soldier's DD Form 214.  However, they were and are uniform items and not awards and, as such, they should not be listed in the awards block of a DD Form 214.     

2.  Additionally, the governing regulation in effect at the time provided that only the awards authorized or presented during the time period covered by a particular DD Form 214 were to be listed.  

3.  Therefore, the applicant's Combat Infantryman Badge is properly listed on his 1968 DD Form 214 but not for those covering the subsequent periods of service. 

3.  His foreign service in the Dominican Republic from 9 July 1965 to 10 July 1966 should be shown on his 1968 DD Form 214.  This service equals 1 year, 
0 months and 1 day.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_X______  ____X__   ____X___ 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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing block 22c of his 1968 DD Form 214 to read "Dom Rep//USAREUR
01 00 01." 

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 listing overseas service bars on his DD Forms 214.




      __________X____________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070017090



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508