IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100009803 


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 his DD Form 214 (Report of Transfer or Discharge) be corrected to show his period of service in Vietnam and to include any authorized awards.

2.  The applicant states he served in Vietnam with the 1st Cavalry Division for two months before returning to the United States on emergency leave.  He never to returned to Vietnam.  He needs his DD Form 214 corrected to show his foreign service and awards.

3.  The applicant provides copies of his 3 June 1970 DD Form 214 and one page of 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 completed his preinduction paperwork on 21 November 1966; however, the available record contains no information as to his status between that date and 25 October 1967 when he received induction orders and commenced a 24 month active duty commitment in the Army of the United States (AUS).

3.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam on or about 4 December 1968 and was assigned to Company E (Long Range Patrol), 52nd Infantry Regiment, 1st Cavalry Division,

5.  The applicant was released from active duty on 23 October 1969, transferred him to the Army Reserve (USAR), and ordered to active duty to complete his active duty commitment effective with the completion of his EDCSA (effective date of change of strength accountability) of 24 October 1969.  

6.  While assigned to Company E (Long Range Patrol), 52nd Infantry Regiment, 1st Cavalry Division, the applicant completed the Long Range Patrol Course on 28 December 1968.

7.  The applicant departed Vietnam on 19 January 1969.  The available records do not include any reason for his departure from Vietnam.

8.  On 25 September 1969, the applicant was awarded MOS 95B (Military Police).

9.  Headquarters, Fort Devens, Massachusetts General Order Number 255, dated 17 November 1969, awarded the applicant the Good Conduct Medal for the period 25 October 1967 through 24 October 1969.

10.  The applicant's DA Form 20 provides the following information:

	a.  service in the AUS from 25 October 1967 through 24 October 1969; 

	b.  he was ordered to active duty for 9 months on 25 October 1969; 

	c.  service in Vietnam from 4 December 1968 through 13 January 1969;

	d.  participation in one campaign;

	e.  award of the National Defense Service Medal, Vietnam Service Medal, the Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), 1st Class Gunner Marksmanship Qualification Badge with Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Machinegun Bars, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14);

	f.  in the Remarks section (item 42) it states:  

* Transferred to USAR 25 October 1969 
* Volunteered for Active Duty for 9 months

11.  The 3 June 1970 DD Form 214 provides the following information at :

	a.  item 4, service on active duty as a member of the USAR;

	b.  item 5, separation as a sergeant, E-5;

	c.  item 6, a date of rank of 25 June 1968;

	d.  item 10c, a date of induction of 24 October 1967;

	e.  item 11, transferred to the USAR Control Group (Annual Training);

	f.  item 17, that he was ordered to active duty on 25 October 1969;

	g.  item 19, rank at time of entry onto current active service as a private, E-1;

	h.  item 22a, 7 months and 9 days of net service for this period; 

	i.  item 22b, 2 years of other service;

	j.  item 22c, no foreign service; 

	k.  item 23a, specialty 11B Light Weapons Infantryman; and 

	l.  item 24, no awards or decorations.

12.  A DD Form 215 (Correction to the DD Form 214), dated 26 June 1971, deleted the date of induction entry.

13.  On 26 January 1971, a DA Form 1569 (Transcript of Military Record) was issued.  It states the applicant was honorably released from active duty as a sergeant (E-5) as an unassigned member of the AUS on 24 October 1969.  He had been inducted and entered onto active service on 25 October 1967 with foreign service from 4 December 1968 through 13 January 1969.  His reason for separation  was Inductee released from active duty and transferred to the USAR with immediate voluntary order to active duty.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to Company E, 52nd Infantry Regiment, 1st Cavalry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

15.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following campaign period:  the Counteroffensive Phase VI, 2 November 1968 – 22 February 1969.

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, 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, a DD Form 214 was issued for each period of service and contained only that information related to the period of service.  Currently, the regulation requires listing of all awards for all periods, the total period of foreign service, and the period and country of war time or combat service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served in Vietnam with the 1st Cavalry Division for two months before returning to the United States on emergency leave.  He never to returned to Vietnam.  He needs his DD Form 214 corrected to show his foreign service and awards.

2.  The applicant served in Vietnam from 4 December 1968 through 13 January 1969, a period of 1 month and 10 days.

3.  He was authorized and/or awarded of the Good Conduct Medal, the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Machinegun Bars, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  In as much as it appears that a DD Form 214 was not prepared to show the applicant's first two years of active duty and the DA Form 1569 does not contain information on his awards or location of his foreign service, it is appropriate to apply the current policies of including these entries on all DD Forms 214 to his 3 June 1970 DD Form 214 by adding at:

	a.  item 22c (Foreign Service), 1 month and 10 days;

	b.  item 24 (Awards), the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with one bronze service star, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Machinegun Bars; and 

	c.  item 30 (Remarks), service in Vietnam 4 December 1968 - 13 January 1969.

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 correcting the 3 June 1970 DD Form 214 by adding at:

	a.  item 22c (Foreign Service), 1 month and 10 days;

	b.  item 24 (Awards), the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with one bronze service star, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Machinegun Bars; and 

	c.  item 30 (Remarks), service in Vietnam 4 December 1968 - 13 January 1969.




      _______ _   _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)                                         AR20100009803





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ABCMR Record of Proceedings (cont)                                         AR20100009803



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