IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100012015 


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 (Report of Separation from Active Duty) to reflect his service in Vietnam and the awards and decorations he earned as a result of this service.

2.  The applicant states his DD Form 214 does not show his foreign service or the awards he earned even though his military records clearly show he served in Vietnam and that he is authorized awards for this service.

3.  The applicant provides a DA Form 20 (Enlisted Qualification Record) and two DD Forms 214 in support of this application.

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 on 3 April 1967.  He completed initial entry training and was awarded military occupational specialty 05B (Radio Operator).  On 14 December 1967, he was discharged for the purpose of immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows the National Defense Service Medal.

3.  On 15 December 1967, he reenlisted for 3 years.  Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 12 April 1968 to 6 April 1969 (11 months and 26 days).  Item 41 (Awards and Decorations) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, two Overseas Service Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, Special Orders Number 156, dated 15 July 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  On 19 April 1971, he was discharged with service characterized as under other than honorable conditions.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 for the period ending 19 April 1971 does not show any foreign service.  Item 24 shows the entry "NONE."

6.  On 7 June 1977, his discharge was upgraded to general, under honorable conditions, under the Department of Defense Discharge Review Program (Special).  His original DD Form 214 for the period ending 19 April 1971 was voided and he was issued a new DD Form 214 (1 November 1972 version) for this period of service.  Item 18f (Foreign and/or Sea Service) of this DD Form 214 does not show any foreign service and item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the entry "NONE."

7.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web based index containing general orders issued during the Vietnam Era between 1965 and 1973.  No orders pertaining to the applicant were found in the ADCARS file.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  
The regulation that covers the 1 November 1972 version of the DD Form 214 required the foreign and/or sea service to be entered in item 18f.  It also required that for Vietnam service, item 19 (Indochina or Korea Service Since August 5, 1964), place an "X" in the "YES" block and show specific dates of service.  It also indicates for item 26, enter decorations, medals, badges, commendations, citations and campaign ribbons awarded or authorized during the entire period of Army service.

9.  Army Regulation 600-8-22 (Military Awards) states 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.

10.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam. During his tour in Vietnam, he participated in four campaigns:  Vietnam Counteroffensive Phase IV (2 April - 30 June 1968), Vietnam Counteroffensive Phase V (1 July - 1 November 1968), Vietnam Counteroffensive Phase VI 
(2 November 1968 - 22 February 1969), and Tet 69 Counteroffensive 
(23 February- 8 June 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service normally required assignment in Vietnam for 6 months or more.

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to reflect his service in Vietnam and the awards and decorations he earned as a result of this service.

2.  The evidence of record shows he served in Vietnam for 11 months and 
26 days but this foreign service is not identified on his DD Form 214.  Therefore, item 18f of his DD Form 214 should be amended by adding the entry "0 11 26" and item 19 should be amended by placing an "X" in the "yes" block and by adding the entry 12 April 1968 to 6 April 1969.

3.  He served a period of qualifying service for award of the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).

4.  All units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, this unit award should also be added to his DD Form 214.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  This badge should also be added to his DD Form 214.

6.  The National Defense Service Medal should also be added to his last 
DD Form 214.

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 amending his DD Form 214 ending on 19 April 1971 by:

	a.  deleting the entry in item 18f and adding "0 11 26";

	b.  deleting the entry in the "NO" block and adding an "X" in the "YES" block in item 19 and by adding "12 April 1968 to 6 April 1969"; and 

	c.  adding in item 26 the National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).



      _________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)                                         AR20100012015



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ABCMR Record of Proceedings (cont)                                         AR20100012015



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