IN THE CASE OF:	

		BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090016020 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 3 instead of 2 overseas service bars.  He also requests that he be issued a new DD Form 214.

2.  The applicant states he spent 18 months and 21 days in Vietnam.  He was assigned to the 5th Battalion, 27th Artillery.  His unit supported the 5th Special Forces Group and several other units.  He does not want to fight or argue; he simply wants his DD Form 214 corrected.

3.  The applicant provides an extract of Department of the Army General Orders Number 43; a copy of his DD Form 214, dated 10 August 1968; and a copy of his DD Form 215 (Correction to DD Form 214), dated 20 December 2004, in support of his request.

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 records show he was inducted into the Army of the United States and entered active duty on 24 August 1966.  He held military occupational specialty 13B (Field Artillery Crewmember).  He was honorably released from active duty on 10 August 1968 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  His records also show that he served in the Republic of Vietnam from 16 January 1967 to on or about 9 August 1968.  He was assigned to Battery B, 5th Battalion, 27th Artillery.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal, Vietnam Campaign Medal, and two overseas service bars.

5.  On 20 December 2004, he was issued a DD Form 215 that added the Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a bronze service star to his Vietnam Service Medal.

6.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.







7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.  The DD Form 214 is prepared Active Army Soldiers on termination of active duty by reason of administrative separation, including retirement or expiration term of service, physical disability separation, or punitive discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from on or about 16 January 1967 to 9 August 1968.  He completed nearly 1 year, 
6 months, and 25 days of service in Vietnam which qualifies him for 3 overseas service bars.  Therefore, he is entitled to correction of his DD Form 214 to show 3 overseas service bars.

2.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not issued for the purpose of recording a specific award.  A DD Form 215 is used to correct errors or to make additions to DD Form 214 after the original distribution has been made.  In this regard, he will be issued a DD Form 215 to reflect 3 overseas service bars.

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 deleting from item 24 of his DD Form 214 the entry "2 O/S Bars" and adding the entry "3 overseas service bars"; and providing the individual a DD Form 215 to show this correction. 



      _______ _   __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)                                         AR20090016020



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ABCMR Record of Proceedings (cont)                                         AR20090016020



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