IN THE CASE OF:	

		BOARD DATE:	  12 February 2009

		DOCKET NUMBER:  AR20080009621 


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 (Report of Separation from Active Duty), dated 9 October 1973, be corrected to include the Army Commendation Medal, Good Conduct Medal (2nd Award), National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Overseas Service Bars, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and any other awards to which he is entitled.  

2.  The applicant also requests, in effect, that his DD Form 214 be corrected to show his service in Vietnam.  

3.  The applicant states, in effect, that this entire DD Form 214 is in error.  He also states, in effect, that his 1973 DD Form 214 needs to show he served in Vietnam for him to qualify for medical benefits. 

4.  In support of his application, the applicant provides copies of his 1973
DD Form 214 and VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim).






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 military records show he enlisted in the Regular Army, in pay grade E-1, on 6 June 1966, for 4 years.  He completed basic combat and advanced individual training and was awarded primary military occupational specialty (MOS) 05G (Signal Security Specialist) on 30 March 1967.  He was subsequently awarded secondary MOS 11B (Light Weapons Infantryman) on 15 April 1968.

3.  The applicant's records show that he served in the Republic of Vietnam from 16 December 1967 through 16 December 1968, with the 265th Radio Research Company (Airborne), during five campaigns.  During his service in Vietnam he served in his primary MOS of 05G.

4.  The applicant was honorably discharged for the purpose of immediate reenlistment on 9 October 1969.  

5.  Entries on the applicant's DD Form 214, dated 9 October 1969, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal; Vietnam Service Medal; Combat Infantryman Badge; Army Commendation Medal; Republic of Vietnam Campaign Medal with Device (1960); two Overseas Service Bars; Good Conduct Medal (1st Award); Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Item 22c (Foreign and/or Sea Service) shows a credit of one year and one day.

6.  The applicant reenlisted on 10 October 1969 for 4 years.  He served in Germany from 13 May 1970 to 7 June 1973.  He was honorably discharged from active duty at the expiration of his term of service on 9 October 1973.

7.  The applicant's DA Form 20 (Enlisted Qualification Record), item 41 (Awards and Decorations), shows that in addition to the awards already shown on his 1969 DD Form 214 he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  The applicant last audited this document on 24 July 1972.

8.  The applicant's records contain General Orders Number 43, dated 15 June 1970, awarding him the Army Commendation Medal, with First Oak Leaf Cluster (2nd Award), for meritorious service from 16 January 1969 to 6 May 1970.  

9.  Entries on his DD Form 214, dated 9 October 1973, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Good Conduct Medal (2nd Award).  No other awards are listed.

10.  Item 19 (Indochina or Korea Service Since August 5, 1964) show an x in the "no" block.

11.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Award), 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.  During the applicant's tenure in the Republic of Vietnam he participated in the Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968), Tet Counteroffensive (30 January 1968 – 1 April 1968), Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968), Vietnam Counteroffensive Phase V
(1 July 1968 – 1 November 1968), and the Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969)   The regulation also provides that a silver service star is authorized in lieu of five bronze service stars.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, 265th Radio Research Company, was awarded the Meritorious Unit Commendation, based on Department of the Army General Orders Number 28, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, based on Department of the Army General Orders Number 48, dated 1971.


14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), currently in effect, 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 that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

14.  Army Regulation 635-5, dated 20 August 1973, states that for item 19, enter an x in the appropriate block.  For Vietnam service place an x in the "yes" block and show specific dates of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214, dated 9 October 1973, does not show all of the awards he earned and any others he may be entitled to.  It also does not show his service in Vietnam.

2.  The evidence also shows when the applicant was released from active duty on 9 October 1969, for the purpose of immediate reenlistment, he was issued a DD Form 214 listing the following awards in item 24:  the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, Good Conduct Medal (1st Award), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant reenlisted in 10 October 1969 and served until his discharge on 9 October 1973.  Award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) that was awarded on 13 July 1970 is not show on his separation document.  Additionally, prior to his discharge he was awarded the Army Commendation Medal with first oak leaf cluster (2nd award).  On his discharge on 9 October 1973, he was issued a DD Form 214 that only shows the Good Conduct Medal (2nd award).

3.  Based on the foregoing, in addition to the award already shown on his DD Form 214 with an ending date of 9 October 1973, he is entitled to have the following awards added:  the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Medal (2nd Award), Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The evidence further confirms the applicant served in Vietnam for five campaigns and is entitled to one silver star to be affixed to his already-awarded Vietnam Service Medal to denote his campaign credit.  It would also be appropriate to add this service star to his DD Form 214 with an ending date of
9 October 1973.

5.  General orders entitled the applicant’s units to award of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214.  He is therefore entitled to have his DD Form 214 with an ending date of 9 October 1973 corrected to show these unit awards.

6.  Records show the applicant served in Vietnam from 16 December 1967 through 16 December 1968.  Item 19 of his DD Form 214 with an ending date of 9 October 1973 erroneously contains an x in the "no" block.  Therefore, his records should be corrected to appropriately show his service in Vietnam.

BOARD VOTE:

___x____  ___x____  ____x___  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 from item 19 of his DD Form 214 with an ending date of 9 October 1973 the x in the "no" block;

b.  adding to the applicant's DD Form 214 with an ending date of 9 October 1973 the National Defense Service Medal, Vietnam Service Medal with one silver service star, Combat Infantryman Badge, Army Commendation Medal (2nd award), Republic of Vietnam Campaign Medal with Device (1960), two Overseas 
Service Bars, Good Conduct Medal (2nd Award), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 

c.  adding an x in the "yes" block, followed by the entry "16 December 1967 to 16 December 1968" to show his service in Vietnam; and

d.  providing him a correction to his separation documents as a result of these changes.



__________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.