BOARD DATE:	  6 April 2010  

		DOCKET NUMBER:  AR20090016981 


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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his service in Germany and any awards that he might be entitled to for service in Germany in 1969.

2.  The applicant states, in effect, that he would like to have his period of service in Germany recorded on his DD Form 214 and his records reviewed to determine if he is entitled to any awards or decorations for his period of service.

3.  The applicant provides copies of his DD Form 214 and his DA Form 20 (Enlisted Qualification Record).

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 21 February 1968.

3.  His DA Form 20 provides the following pertinent information:

	a.  item 22 (Military Occupational Specialties), award of four military occupational specialties:  64A (Light Vehicle Driver), 64B (Heavy Vehicle Driver), 05C (Radio Teletypewriter Operator), and 11F (Information and Operations Intelligence Specialist);

	b.  item 31 (Foreign Service), service in Vietnam from 16 July 1968 through 15 July 1969; in Germany from 17 August 1969 through "31 January 1971" and in Vietnam from 26 January 1970 through "25 January 1971";

	c.  item 38 (Record of Assignments), service in Vietnam with Headquarters and Headquarters Company, I Field Force Vietnam, from 26 July 1968 through 4 July 1969 and again from 1 February 1970 through 11 December 1970 and with the 30th Transportation Company in Germany from 19 August 1969 through 14 December 1969; and

	d.  item 41 (Awards and Decorations), his authorized awards are the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, the Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (for both the M-14 and M-16 rifles).

4.  The applicant was honorably released from active duty on 18 December 1970.  His DD Form 214 shows:

	a.  item 22c (Foreign and/or Sea Service), "USARPAC" and 1 year, 10 months, and 24 days;

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); and

	c.  item 30 (Remarks), Vietnam service from 16 July 1968 through 15 July 1969 and from 26 January 1970 through 17 December 1970.

5.  V Corps Support Command Special Orders Number 193, dated 19 November 1969, transferred the applicant to I Field Force Vietnam effective no later than 25 January 1970.  U.S. Army Personnel Center, Fort Lewis, Special Orders Number 351, dated 17 December 1970, released the applicant from active duty effective 18 December 1970.

6.  On 14 July 2006, the applicant's DD Form 214 was corrected to include his award of the Vietnam Service Medal with one silver and two bronze service stars, the Army Commendation Medal with first Oak Leaf Cluster, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  A review of the applicant's official military personnel file contains no documentation of any recommendation for or authorization of any award, decoration, citation, or badge during the applicant's period of service in Germany.  
8.  A review of the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) failed to reveal any unit citations for the 30th Transportation Company during the period the applicant was assigned to that unit.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  As then in effect, it stated that the total period of service outside of the continental United States was to be entered at item 22c with a denotation of the last theater of operation the Soldier served in.  Item 30 was to be used to enter mandatory entries not located elsewhere on the form and for entry continuation from other items.  Although not a required entry it was the practice to denote the specific dates of service in Vietnam, especially when a Soldier had served multiple tours.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that he would like to have his period of service in Germany recorded on his DD Form 214 and his records reviewed to determine if he is entitled to any awards or decorations for his period of service in Germany in 1969.

2.  The applicant's DA Form 20 contains contradictory information as to the applicant's period of service in Germany.  The best information as to his period of service in Germany comes from his record of assignments and reassignment orders.

3.  The entry in item 22c of the DD Form 214 is incorrect.  It records only the duration of his service in Vietnam and does not include his service in Germany, an additional 3 months and 26 days, for a total of 2 years, 2 months, and 24 days of foreign service.  It is appropriate to correct this entry.

4.  It was common practice at the time the DD Form 214 was issued to show a Soldier's specific periods of service in Vietnam due to its effect on post-service benefits.  The only time any other foreign service location was to be denoted in item 22c was if it was the last theater of operations the Soldier served in.  Therefore, the denotation of "USARPAC" in item 22c of the DD Form 214 is correct, and no such notation of his service in Germany is appropriate.

5.  The record does not contain and the applicant has not provided any official documentation to show that he was authorized any awards or decorations for his period of service in Germany.

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 all Department of the Army records of the individual concerned be corrected by showing in item 22c of his DD Form 214, 2 years, 2 months, and 24 days.










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 inclusion of a notation of his service in Germany or entitlement to any additional awards or decorations.



      _____________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)                                         AR20090016981



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ABCMR Record of Proceedings (cont)                                         AR20090016981



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