IN THE CASE OF:	  

		BOARD DATE:	       6 OCTOBER 2009

		DOCKET NUMBER:  AR20090007434 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that he served two tours in Vietnam.

2.  The applicant states, in effect, that he served 2 years in Vietnam; however, his DD Form 214 reflects only 1 year and 6 days of foreign service in block 22c (Foreign and/or Sea Service). 

3.  The applicant provides a copy of his certificate for award of the Army Commendation Medal for the period of March 1967 to March 1969 and a copy of his DD Form 214.

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 in the Regular Army (RA) on 29 July 1966 for a period of 3 years.  He completed his training at Fort Dix, NJ and he was transferred to Vietnam on 14 March 1967.

3.  On 19 January 1968, he submitted a request for a foreign service tour extension and a 30-day special leave.  His request was approved on 27 January 1968.

4.  On 8 October 1968, he submitted a request for a 143 day foreign service extension in order to qualify for a 5-month early-out.  His request was approved on 13 October 1968 and his date eligible for return from overseas (DEROS) was adjusted to 19 March 1969.

5.  During his tenure of assignment to Vietnam he was assigned to the 86th Engineer Battalion from 19 March 1967 through 10 May 1968 and to the 34th Engineer Group from 11 May 1968 through 17 March 1969.

6.  The applicant departed Vietnam on 18 March 1969 and he was transferred to Oakland Army Base, CA where he was honorably released from active duty (REFRAD) on 20 March 1969 as an overseas returnee.  He had served 2 years, 7 months, and 2 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he had served 1 year and 2 days of foreign service.  Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Army Commendation Medal.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated, in pertinent part, at for block 22c, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)."

8.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service 


stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized 
with this award for each Vietnam campaign a member is credited with 
participating in.  A silver service star is worn instead of five bronze service stars.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tours of duty in Vietnam he participated in the following seven campaigns:  Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967);  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); Vietnam Counteroffensive Phase VI 
(2 November 1968 – 22 February 1969); and Tet 69 Counteroffensive, 1969
(22 February 1969 – 8 June 1969).

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet list the authorized awards by unit and period.

   a.  During the applicant's assignment to the 86th Engineer Battalion it was awarded the Meritorious Unit Commendation for the period 1 May 1967 – 31 July 1968 by Department of the Army General Order (DAGO) 17, dated 1969; Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
26 September – 21 October 1967 by DAGO 43, dated 1970; and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the periods 3 August – 25 September 1967 and 22 October 1967 – 15 August 1969 by DAGO 43, dated 1970.
   
   b.  During the applicant's assignment to the 34th Engineer Group it was awarded the Meritorious Unit Commendation for the period 2 May 1967 – 31 May 
1968 by DAGO 39, dated 1970 and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 –
19 December 1968 by DAGO 11, dated 1973 and for the period 20 December 1968 –  1 December 1969 by DAGO 52, dated 1971.






DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect that he served two tours in Vietnam has been noted and appears to have some merit.

2.  While the applicant did not serve two separate tours in Vietnam, he did serve 2 years and 5 days of consecutive service in Vietnam.  Accordingly, his DD Form 
214 should be corrected to reflect 2 years and 5 days of foreign service in block 22c and the entry "USARPAC" to indicate his last overseas theater was U.S. Army Pacific.

3.  Additionally, the evidence of record shows that he is entitled to be awarded the Vietnam Service Medal with one silver service star and two bronze service stars, Meritorious Unit Commendation (2 awards), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (4 awards), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 block 24 of his DD Form 214 the Vietnam Service Medal;
   
   b.  deleting from block 22c of his DD Form 214 the entry "1  0  6";
   
   c.  adding to block 22c of his DD Form 214 the entry "(USARPAC)  2  0  5"; and
   
   d.  adding to block 24 of his DD Form 214 the Vietnam Service Medal with one silver service star and two bronze service stars, Meritorious Unit Commendation (2 awards), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (4 awards), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ___________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)                                         AR20090007434



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090007434



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1