IN THE CASE OF:	  

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080006686 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) be corrected to show his overseas service, the time that he spent TDY (Temporary Duty), and the awards, decorations, and certificates that he received. 

2.  The applicant states, in effect, that his DD Forms 214 do not show the time that he spent overseas, the places that he was assigned overseas or the awards that he received in honor of his service. 

3.  The applicant provides copies of four DD Forms 214, dated 21August 1965, 28 February 1968, 22 October 1970, and 7 November 1972.  He also states that he has provided “other military records” in support of his request that were not attached to his application. 

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 enlisted in the Regular Army on 22 August 1962.  He was trained as an Ammunition Records Clerk, in military occupational specialty (MOS), 76M.  He served in Korea from 21 December 1963 to 22 December 1964.  He was promoted to SP4/E-4 effective 18 August 1965.  He served until he was honorably discharged on 21 August 1965 for immediate reenlistment.  

3.  The applicant’s DD Form 214, dated 21 August 1965, shows he was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14) and  a Letter of Commendation.  His DD Form 214, dated 21 August 1965, does not show any additional awards.

4.  Item 24c (Foreign and/or Sea Service), on his DD Form 214, dated 21 August 1965, shows the entry, "01 00 02" (1 year and 2 days). 

5.  The applicant reenlisted on 22 August 1965.  He served in Vietnam from 27 May 1966 to 26 May 1967.  On 19 August 1967, he was reassigned to Germany.  He was promoted to staff sergeant (SSG/E-6) effective 16 February 1968.  He served until he was honorably discharged on 28 February 1968 for immediate reenlistment.

6.  The applicant's DD Form 214, dated 28 February 1968, shows he was awarded the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the National Defense Service Medal: and the Marksman Marksmanship Qualification Badge, with Carbine Bar.  His DD Form 214, dated 28 February 1968, does not show any additional awards.

7.  Item 22c (Foreign and/or Sea Service), on his DD Form 214, dated 28 February 1968, shows the entry "1 6 10" (1 year, 6 months, and 10 days).

8.  The applicant reenlisted on 29 February 1968.  He served in Germany from 19 August 1967 to 30 July 1970.  He served until he was honorably discharged on 22 October 1970 for immediate reenlistment.  

9.  The applicant's DD Form 214, dated 22 October 1970, shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal, with 1960 Device; two Overseas Service Bars; and the Good Conduct Medal, 2nd Award.  His DD Form 214, dated 22 October 1970, does not show any additional awards.

10.  Item 22c (Foreign and/or Sea Service), on his DD Form 214, dated 22 October 1970, shows the entry "2 5 2" (2 years, 5 months, and 2 days).

11.  Item 30 (Remarks), of his DD Form 214, dated 22 October 1970, shows the entry "USAREUR-(Germany)."

12.  The applicant reenlisted on 23 October 1970.  He again served in Vietnam from 14 January 1971 to 29 January 1972.  He served until he was honorably discharged on 7 November 1972.

13.  The applicant's DD Form 214, dated 7 November 1972, shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal, with 1960 Device; and the Good Conduct Medal, 2nd Award.  His DD Form 214, dated 7 November 1972, does not show any additional awards.

14.  Item 22c (Foreign and/or Sea Service), on his DD Form 214, dated 
7 November 1972, shows the entry "1 0 16" (1 year and 16 days).

15.  Item 30 (Remarks), of his DD Form 214, dated 7 November 1972, shows the entry "VIETNAM 14 JAN 71 – 29 JAN 72, INDOCHINA YES, KOREA NO."

16.  A review of the applicant's record did not reveal any periods of TDY or that he was issued any certificates.

17.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it provides that item 30 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for other blocks.  Department of the Army issued guidance to report service in Vietnam, Indochina, and Korea in item 30 (Remarks) of the DD Form 214.

18.  This same regulation states that foreign service performed during the period covered by the DD Form 214 will be entered in item 24c (22c).  The regulation also states that the amount of foreign service will be taken from the Soldier’s Enlisted Qualification Record or, if necessary, verified from the Soldier’s Military Personnel Records Jacket.  




19.  The available DD Forms 214 show the applicant was awarded the Vietnam Service Medal; however, they do not show the five bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.  

20.  Department of the Army Pamphlet 672-3 shows the applicant's unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 5, dated 1969; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 6, dated 1974.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in Korea from 21 December 1963 to 22 December 1964.  Item 24c, of his DD Form 214, dated 21 August 1965, shows he completed 1 year and 2 month of foreign service.  However, the remarks column of his DD Form 214 failed to show this service.  He is therefore entitled to correction of item 32 (Remarks), of his DD Form 214, dated 21 August 1965, to show the entry "Korea 21 December 1963 to 22 December 1964."

2.  The evidence shows the applicant served in Vietnam from 27 May 1966 to 26 May 1967.  Item 22c, of his DD Form 214, dated 28 February 1968, shows he completed 1 year, 6 months, and 10 days of foreign service.  However, the remarks column of his DD Form 214 fails to show this service.  He is therefore entitled to correction of item 30 (Remarks), of his DD Form 214, dated 28 February 1968, to show the entry "Vietnam 27 May 1966 to 26 May 1967."

3.  The evidence shows the applicant served in Germany from 19 August 1967 to 30 July 1970.  Item 22c, of his DD Form 214, dated 22 October 1970, shows he completed 2 years, 5 months, and 2 days of foreign service.  Item 30 (Remarks), of this DD Form 214, appropriately shows he served in Germany.  This DD Form 214 is correct and requires no changes.

4.  The evidence shows the applicant again served in Vietnam from 14 January 1971 to 29 January 1972.  Item 22c, of his DD Form 214, dated 7 November 1972, shows he completed 1 year and 16 days of foreign service.  Item 30 (Remarks), of this DD Form 214 shows he served in Vietnam from 14 January 1971 to 29 January 1972.  This DD Form 214 is correct and no changes are required. 

5.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal while in Vietnam, he participated in five campaigns; therefore, he is entitled to award of one silver service star to be affixed to his already-awarded Vietnam Service Medal.

6.  The applicant's unit was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  He is therefore entitled to correction of his records to show these unit awards.

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:  

   a.  showing the entry "SERVICE IN KOREA FROM 19631221 - 19641222" in item 32 (Remarks), of his DD Form 214, dated 21 August 1965; 

   b.  showing the entry "SERVICE IN VIETNAM FROM 19660527 - 19670526" in item 30 (Remarks), of his DD Form 214, dated 28 February 1968; 

   c.  awarding the applicant one silver service star to be affixed to his already-awarded Vietnam Service Medal and showing this award on his DD Form 214, dated 7 November 1972; and

	d.  awarding the applicant the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these awards to his DD Form 214, dated 7 November 1972.




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 any additional overseas service, TDY, awards or certificates.  




      _______ _  x _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080006686



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080006686



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1