IN THE CASE OF:	  

		BOARD DATE:	        8 January 2009

		DOCKET NUMBER:  AR20080008735 


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 correction of item 22c (Foreign and/or Sea Service) on his DD Form 214 (Report of Transfer or Discharge) for the period ending 8 May 1970 to show he served 1 year, 11 months, and 17 days in USARPAC [U.S. Army Pacific].  He also requests that his DD Form 214 be corrected to show the Army Commendation Medal.

2.  The applicant states that the time he spent in USARPAC is incorrect on his DD Form 214 for the period ending 8 May 1970 and that the Army Commendation Medal was never entered on this DD Form 214.   

3.  The applicant provides a DD Form 214 for the period ending 8 May 1970, a DD Form 214 for the period ending 26 September 1967, and a citation and award certificate for the Army Commendation Medal. 

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 was inducted on 19 September 1967.  On 26 September 1967, he was honorably discharged for enlistment in the Regular Army.  He enlisted in the Regular Army on 27 September 1967 for a period of 3 years.  He arrived in Vietnam on 20 May 1968.  He was assigned to the 388th Transportation Company in Vietnam from 24 May 1968 through 6 May 1970.  On 8 May 1970, the applicant was released from active duty.

3.  Item 22c on the applicant's DD Form 214 for the period ending 8 May 1970 shows the entry, "USARPAC 0 11 17."  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Good Conduct Medal as authorized awards.

4.  Item 31 (Foreign Service) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 20 May 1968 through 
6 May 1970 (a total of 1 year, 11 months, and 17 days).

5.  Headquarters, 1st Aviation Brigade General Orders Number 2677, dated 
25 April 1970, show the applicant received the Army Commendation Medal for meritorious service in connection with military operations against a hostile force during the period May 1968 to April 1970.

6.  Records show the applicant participated in seven campaigns during his assignment in Vietnam:  Vietnam Counteroffensive, Phase IV (2 April 1968 – 
30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969); Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969); Vietnam Winter – Spring 1970 (1 November 1969 – 30 April 1970); and Sanctuary Counteroffensive (1 May 1970 – 30 June 1970). 

7.  Department of the Army Pamphlet 672-3 shows the applicant's unit was awarded the Meritorious Unit Commendation for actions during the period           1 November 1967 to 31 October 1968 based on Department of the Army General Orders Number 39, dated 1970.  His unit was awarded a second Meritorious Unit Commendation for actions during the period 1 November 1968 to 31 January 1970 based on Department of the Army General Orders Number 51, dated 1971.

8.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of 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 service medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states to enter the total amount of foreign service completed during the period covered by the separation document.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served in Vietnam from 20 May 1968 through 6 May 1970, a total of 1 year, 11 months, and 17 days.  Therefore, it would be appropriate to correct item 22c on his DD Form 214 for the period ending 8 May 1970.   

2.  Orders show the applicant received the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to add this award.

3.  The applicant's unit was cited for two awards of the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to add these two unit awards.

4.  The applicant participated in seven campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with one silver service star and two bronze service stars.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with one silver service star and two bronze service stars.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, his DD Form 214 should be corrected to this unit award.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry, "00  11  17" in item 22c on his DD Form 214; 

	b.  deleting the Vietnam Service Medal;

	c.  adding the entry, "1  11  17" in item 22c on his DD Form 214; and 
	
   d.  adding the Army Commendation Medal, Vietnam Service Medal with
one silver service star and two bronze service stars, two awards of the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation on his DD Form 214 for the period ending 8 May 1970.



      ______________________
               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)                                         AR20080008735



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ABCMR Record of Proceedings (cont)                                         AR20080008735



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