BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100009009 


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 reflect his Vietnam service.

2.  The applicant states his DD Form 214 does not list his Vietnam service.

3.  The applicant provides the following documents:

* An extract from his Veterans Administration rating decision
* A DA Form 3286-22 (Statements for Enlistment)
* A U.S. Army, Vietnam 9USARV) Form 682-R (Emergency Leave 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’s records show he enlisted in the Regular Army for a period of 2 years on 28 May 1970 and held military occupational specialty (MOS) 76A (Supplyman).

3.  His records also show that subsequent to completion of MOS training he was reassigned to the U.S. Army, Europe (USAREUR) and he arrived in Germany on 30 January 1971.  He was assigned to the 6th Battalion, 60th Artillery. 

4.  While in Germany, he was honorably discharged on 26 May 1971 for the purpose of immediate reenlistment and executed a 3-year reenlistment on 27 May 1971 for service in the Republic of Vietnam.  

5.  Subsequent to his reenlistment, he was reassigned to Headquarters, U.S. Army Personnel Center, Fort Lewis, WA on 1 October 1971.

6.  On 3 October 1971, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, published special orders directing his reassignment to USARV effective       6 October 1971.  He arrived in Vietnam on or around 4 October 1971 and was further assigned to the 148th Supply and Service Company on 13 October 1971.

7.  On 24 February 1972, the Red Cross notified the applicant that his wife had expired the day before and that it necessitated his immediate departure from Vietnam.  Accordingly, he departed Vietnam on emergency leave on or about 
25 February 1972.

8.  On 21 March 1972, Headquarters, U.S. Army Support Command, Vietnam, published special orders further reassigning him to the U.S. Army Field Artillery Center, Fort Sill, OK, effective 29 April 1972 (to allow additional leave, if required).

9.  On 30 March 1972, Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, published special orders assigning him to Fort Sill, effective 26 March 1972.

10.  He was honorably released from active duty on 31 March 1972 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  The DD Form 214 he was issued shows he completed 1 year, 10 months, and 7 days of creditable active service during this period.  This form also shows the following:

	a.  Item 22c (Foreign and/or Sea Service) shows he completed 6 months and 25 days of foreign service with no listing of a last overseas theater.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the entry "Unknown." 

	c.  Item 30 (Remarks) shows the entry "Vietnam Service: None." 

11.  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 their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  Item 13 shows a member's awards and decorations; item 22c shows the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. "USARV" (U.S. Army Vietnam); and item 30 is used for mandatory requirements, when a separate block is not available, and as a continuation entry.

12.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Vietnam Service 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.

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

	c.  Appendix B shows participation credit for the Consolidation I (1 July 1971 to 30 November 1971) and Consolidation II (1 December 1971 to 29 March 1972) campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  Additionally, his records reveal one instance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice on 8 January 1972 for sleeping on guard duty.
14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service in Vietnam with the 148th Supply and Service Company, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March 1971 through 9 October 1971 based on Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in Vietnam.

2.  The applicant arrived in Vietnam on or about 4 October 1971.  Although he departed Vietnam on emergency leave on or about 25 February 1972, he remained assigned to his Vietnam unit until 26 March 1972 until he was compassionately reassigned to Fort Sill.  Therefore, in effect, he served in Vietnam from on or about 4 October 1971 to on or about 26 March 1972.  There is no harm to the Army or the Soldier if this period of service in Vietnam is shown in item 30 of his DD Form 214.

3.  With respect to his foreign service, the evidence of record shows his last major overseas theater was the USARV.  His DD Form 214 erroneously omitted the major theater associated with his last period of foreign service.  Therefore, his DD Form 214 should be corrected to show his last period of foreign service as "USARV."

4.  Having served on active duty from 28 May 1970 to 31 March 1972 qualifies him for award of the National Defense Service Medal and correction of his 
DD Form 214 to show this medal.

5.  Based on this period of service in Vietnam, he is entitled to award of the Vietnam Service Medal.  Additionally, he participated in two campaigns during his service in Vietnam.  Therefore, he is also entitled to two bronze service stars to be worn with the Vietnam Service Medal and correction of his DD Form 214 to show these awards.

6.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time he was assigned to the unit which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  The evidence of record confirms he served honorably during the period 28 May 1970 through 31 March 1972.  He attained the rank/grade of SP4/E-4, and he received all "excellent" conduct and efficiency ratings throughout his period of military service.  Aside from the minor NJP he received on 8 January 1972, his record is void of any other derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 28 May 1970 through 31 March 1972;

	b.  adding to item 22c of his DD Form 214 for the period ending on 31 March 1972 the entry "USARV";

	c.  deleting from item 24 of his DD Form 214 for the period ending on 31 March 1972 the entry "UNK" and adding the Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   d.  deleting from item 30 of his DD Form 214 for the period ending on 31 March 1972 the entry "Vietnam Service:  None" and adding the entry 
"Vietnam Service:  19711004 - 19720326." 



      _______ _   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)                                         AR20100009009



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)