IN THE CASE OF:	  

		BOARD DATE:	        06 NOVEMBER 2008

		DOCKET NUMBER:  AR20080014847 


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 that his separation document (DD Form 214) be corrected to add all of his awards and decorations; that Item 22c of his DD Form 214, Foreign and/or Sea Service, be corrected to show the proper time he served in Vietnam; and that he be issued a second DD Form 214 for the period starting in November 1968.

2.  The applicant states while his DD Form 214 shows he served in Vietnam for 19 days, he arrived in Vietnam on 7 May 1969 and left towards the end of August 1969.

3.  The applicant provides his DD Form 214 for the period ending 5 November 1970, and a 1st Cavalry Division Vietnam Combat Certificate which shows that he served in Vietnam from 7 May to 8 August 1969.

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 that he enlisted in the Regular Army on 29 November 1968, was awarded the military occupational specialty of infantryman indirect fire crewman, and was promoted to pay grade E-3.

3.  The applicant was assigned to Vietnam on 4 May 1968.  He immediately reenlisted on 30 July 1969 and was issued a DD Form 214 for the period covering 29 November 1968 to 29 July 1969.  On that DD Form 214 it showed that the applicant served in Vietnam for 2 months and 26 days.

4.  The applicant was injured when he fell into a ditch on 4 August 1969.  His duty status was changed to patient and he was assigned to an Army hospital in Japan (Pacific Command, or PACOM) on 9 August 1969.

5.  On 5 November 1970, the applicant was honorably released from active duty and placed on the Temporary Disability Retired List the following day.  The DD Form 214 he was issued for this period of service does not list any awards or decorations and shows he served in Vietnam for 19 days.

6.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are:  Tet 69 Counteroffensive (23 February 1969 through 8 June 1969) and Vietnam Summer-Fall 1969 (9 June 1969 through 31 October 1969).

7.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  


9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

10.  Army Regulation 600-8-22 authorizes, in pertinent part, award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

11.  Army Regulation 635-5, in effect at the time, paragraph 51, states that for enlisted personnel, you entered the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the theater in which service was performed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was issued a DD Form 214 for the period of service prior to his reenlistment.  A copy of that DD Form 214 will be provided to him along with this decisional document.   

2.  The applicant's initial DD Form 214 recorded his Vietnam service from 4 May 1968 to 29 July 1969, a period of 2 months and 26 days.

3.  His duty status changed to patient in a hospital in Japan on 9 August 1969.  As such, he served in Vietnam for an additional 10 days after his reenlistment.  It appears that the entry on the applicant's final DD Form 214, 19 days of foreign service in Vietnam, is taken from the time he spent in theater, since Japan is part of the U.S. Army Pacific.  His duty status didn't change to patient in the United States until 19 August 1969.  By adding the 10 days credited prior to the applicant's arrival in Japan to the 9 days prior to his arrival in the United States, it gives the applicant 19 days of foreign service during his reenlistment.  As such, the 19 days of foreign service reflected on the applicant's second DD Form 214 is correct and there is no basis to change it.





4.  As for the applicant's request for awards, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the National Defense Service Medal, and the Vietnam Service Medal with 2 bronze service stars.

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 the DD Form 214 of the individual concerned for the period ending 5 November 1970 be corrected by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the National Defense Service Medal, and the Vietnam Service Medal with 2 bronze service stars.

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 changing his Vietnam service and issuing him a DD Form 214 for the period of service prior to his reenlistment.




      _______ _ XXX  _______   ___
               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)                                         AR20080014847



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ABCMR Record of Proceedings (cont)                                         AR20080014847



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