IN THE CASE OF:	  

		BOARD DATE:	  4 November 2010

		DOCKET NUMBER:  AR20100013625 


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) for the period ending on 18 November 1970 as follows:

* Items 5a (Grade, rate or Rank) and 5b (Pay Grade) to show sergeant (SGT)/E-5
* Item 17c (Date of Entry) to show the correct date of entry
* Item 22a(3) (Total) to show he completed a total of 3 years of active service
* Item 22c (Foreign Service) to show 1 year of foreign service in Vietnam
* Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show all awards and decorations he earned

2.  The applicant states his DD Form 214 contains several errors.

3.  The applicant provides a copy of his DD Form 214.

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 on 10 February 1970.  He held military occupational specialty 11B (Light Weapons Infantryman).  He was promoted to private/E-2 on 21 July 1970 and to private first class (PFC)/E-3 on 4 October 1970.  

3.  His records also show he served in the Republic of Vietnam from on or about 23 July 1970 to 21 August 1971.  He was assigned to Company A, 1st Battalion, 12th Cavalry.  

4.  While he was serving in Vietnam, he was honorably discharged on 18 November 1970 for the purpose of immediate enlistment.  The DD Form 214 he was issued for this period of service shows the following entries:

* Items 5a and 5b show "PFC" and "E-3"
* Item 6 (Date of Rank) shows the entry "4 OCT 70"
* Item 10c (Date Inducted) shows the entry "10 FEB 70"
* Item 17c shows the entry "NA"
* Item 22a(3) shows he completed 8 months and 24 days of active service
* Item 22c shows he completed 3 months and 6 days in Vietnam
* Item 24 shows the National Defense Service Medal, Vietnam Service Medal, and Combat Infantryman Badge

5.  He executed a 3-year enlistment in the Regular Army on 19 November 1970 and attained the rank/grade of specialist four/E-4 on 7 June 1971.  He completed his tour in Vietnam and was reassigned to Fort Carson, CO.

6.  On 12 April 1972, Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, published Special Orders Number 103 promoting him to SGT/E-5, effective 16 March 1972.

7.  He was honorably released from active duty on 13 December 1973 and he was transferred to the U.S. Army Reserve Control Group to complete his service obligation.  The DD Form 214 he was issued shows the following entries:

* Items 5a and 5b show "SGT" and "E-5"
* Item 6 shows the entry "16 Mar 1972"
* Item 10c shows the entry "NA"
* Item 17c shows the entry "19 NOV 1970"
* Item 22a(1) (Net Service This Period) shows "3  0  25"
* Item 22a(2) (Other Service) shows "0  8  24"
* Item 22a(3) shows "3  9  19"
* Item 22c shows he completed 9 months and 2 days in Vietnam
* Item 24 shows the Vietnam Campaign Medal, Army Commendation Medal, Combat Infantryman Badge, and one overseas service bar
* Item 30 (Remarks) shows he served in Vietnam from 23 July 1970 to 21 August 1971

8.  Headquarters, 4th Infantry Division, Fort Carson, CO, Special Orders Number 83, awarded him the First Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60).

9.  Headquarters, U.S. Army Training Center, Fort Order, CA, Special Orders Number 126, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

10.  Headquarters, Department of the Army General Orders Number 54, dated 1974, awarded the 1st Battalion, 12th Cavalry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 17 September 1965 to 30 June 1972.

11.  Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam, participation credit was awarded for the DA Sanctuary Counteroffensive (1 May to 30 June 1970), Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971), and Consolidation I (1 July to 30 November 1971) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

12.  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.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The 
DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states the following:

* Items 5a and 5b show the Soldier's rank/pay grade at the time of separation
* Item 10c shows the date of induction
* Item 17c shows the date of entry on active duty as a result of enlistment or reenlistment
* Item 22a(1) shows the net active service completed during the period covered by the DD Form 214
* Item 22a(2) shows any other service, such as prior active service
* Item 22a(3) shows the total of items 22a(1) and 22a(2)
* Item 22c shows the total period of foreign service completed during the period covered by the DD Form 214 and the major overseas theater
* Item 24 shows awards and decorations of all periods of service

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his 18 November 1970 DD Form 214 contains several administrative errors that should be corrected.  

2.  The evidence of record shows he was inducted on 10 February 1970 and he was honorably discharged on 18 November 1970 for the purpose of immediate enlistment.  He enlisted on 19 November 1970 and he was honorably released from active duty on 13 December 1973.  He was issued a separate 
DD Form 214 for each period of service.  

3.  With respect to his DD Form 214 that was issued on 18 November 1970:

	a.  As an inductee, his DD Form 214 would show the date of his induction, not the date of enlistment.  Therefore, the date of entry in item 17c correctly shows the entry "NA" and the date of induction in item 10c correctly shows his date of induction as 10 February 1970.

	b.  The highest rank/grade he attained during his period of induction was PFC/E-3, both of which, together with his 4 October 1970 date of rank, are correctly shown in items 5a, 5b, and 6 of this DD Form 214.  


	c.  He arrived in Vietnam on 23 July 1970 and he was discharged on 18 November 1970 for the purpose of enlistment.  Therefore, he completed 3 months and 6 days of foreign service in Vietnam during the period covered by this DD Form 214, which is correctly shown in item 22c of this DD Form 214.

	d.  He was inducted on 10 February 1970 and was honorably discharged on 18 November 1970.  He completed 8 months and 24 days of total active service which is correctly shown in item 22a(3) of this DD Form 214.

4.  With respect to his enlistment DD Form 214:

	a.  As an enlistee, his DD Form 214 would show the date of enlistment, not the date of induction.  Therefore, the date of induction in item 10c correctly shows the entry "NA" and the date of entry in item 17c correctly shows his date of enlistment as 19 November 1970.

	b.  The highest rank/grade he attained during his period of enlistment was SGT/E-5, both of which, together with his 16 March 1972 date of rank, are correctly shown in items 5a, 5b, and 6 of this DD Form 214.  

	c.  He enlisted in Vietnam on 19 November 1973 and departed Vietnam on
21 August 1971.  Therefore, he completed 9 months and 2 days of foreign service in Vietnam during the period covered by this DD Form 214, which is correctly shown in item 22c of this DD Form 214.

	d.  He enlisted on 19 November 1970 and was honorably released from active duty on 13 December 1973.  He completed 3 years and 25 days of active service during this period and he had 8 months and 24 days of prior active service for a total of 3 years, 9 months, and 19 days of total active service, all of which are correctly shown in the sub-items of item 22 of this DD Form 214.

	e.  Special orders awarded him the First Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of this DD Form 214 to show these badges.

	f.  General orders awarded his unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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.

	g.  He was previously awarded the National Defense Service Medal which is shown on his induction DD Form 214 but not his enlistment DD Form 214; therefore, he is entitled to correction of this DD Form 214 that was issued on 
13 December 1973 to show this award.

	h.  He was previously awarded the Vietnam Service Medal which is shown on his induction DD Form 214 but not his enlistment DD Form 214.  Additionally, his records show he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of this DD Form 214 that was issued on 13 December 1973 to show the Vietnam Service Medal with three bronze service stars.

	i.  He completed a total of 1 year and 9 days of foreign service in Vietnam but was only credited with one overseas service bar.  Therefore, he is entitled to correction of this DD Form 214 to show two overseas service bars. 

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 deleting from item 24 of his DD Form 214, for the period ending on 13 December 1973, the overseas service bar and adding to item 24 of the same DD Form 214 the following awards:

* First Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars 
* Two overseas service bars

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 correction of his DD Form 214 for the period ending on 18 November 1970 and that pertains to:

* Items 5a and 5b to show SGT/E-5
* Item 17c to show a different date of entry
* Item 22a(3) to show completion of 3 years of active service
* Item 22c to show completion of 1 year of foreign service in Vietnam




      __________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)                                         AR20100013625



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ABCMR Record of Proceedings (cont)                                         AR20100013625



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