IN THE CASE OF:	  

		BOARD DATE:	    18 November 2010

		DOCKET NUMBER:  AR20100014469 


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) ending 3 October 1969 to show he served in the Republic of Vietnam (RVN).

2.  He states his DD Form 214 does not reflect he served in the RVN from December 1966 through December 1967.

3.  He provides a 4th Infantry Division Certificate of Appreciation, for the period 28 December 1966 to 20 December 1967.

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 29 July 1966 for a period of 
3 years.  He successfully completed basic and advanced individual training and he was awarded military occupational specialty 36K (Wireman).

3.  He was awarded a 4th Infantry Division Certificate of Appreciation, for loyal service as a member of the 4th Infantry Division during combat operations in the RVN during the period 28 December 1966 to 20 December 1967.

4.  Headquarters, 4th Infantry Division General Orders Number 4403, dated
15 December 1967 show he was awarded the Army Commendation Medal for meritorious service in the RVN while assigned to B Battery, 2nd Battalion, 9th Artillery, 4th Infantry Division during the period December 1966 through December 1967.

5.  He was honorably released from active duty on 3 October 1969, after completing 2 years, 11 months, 29 days of active service with 68 days of time lost.

6.  Item 22c (Foreign and/or Service) of his DD Form 214 show the entry "Separated on temporary records and soldier's affidavit."  Item 24 Item 
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) shows he was awarded the National Defense Service Medal.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part, that item 22 c will show total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed, e.g. USAREUR (U.S. Army Europe), USARV (U.S. Army Vietnam), etc. Furthermore, item 30 is used for Headquarters, Department of the Army mandatory requirements, when a separate block is not available, and/or as a continuation entry.

8.  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.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam the applicant participated in the following two campaigns:

* Vietnamese Counteroffensive Phase (1 July 1966 - 31 May 1967)
* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)  

9.  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.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to the 2nd Battalion, 9th Artillery, it was cited for award of the:

* Valorous Unit Award for the period 22 April 1967 through 20 August 
1967 based on Department of the Army General Orders (DAGO) 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 through 1 August 1967 based on DAGO 48, dated 1971
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period 1 August 1967 through 31 October 1969 based on DAGO 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in the RVN.  He provided a 4th Infantry Division Certificate of Appreciation showing he served in the RVN from 28 December 1966 to 
20 December 1967 for the a period of 11 months and 23 days.  His records contain Headquarters, 4th Infantry Division General Orders Number 4403 that show he was awarded the Army Commendation Medal while assigned to 
B Battery, 2nd Battalion, 9th Artillery, 4th Infantry Division for the period December 1966 through December 1967.  Therefore, his DD Form 214 should be corrected by adding in item 22c 11 months and 23 days and amending item 30 to show the entry "28 December 1966 to 20 December 1967 service in the RVN."

2.  Although he did not request to have service awards added to his DD Form 214, the award of the Army Commendation Medal is related to the evidence which verified his service in the RVN.  Therefore, his DD Form 214 should be amended to add the Army Commendation Medal along will all other awards he is entitled to for service in the RVN. 


3.  He met the eligibility for award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be amended to add these awards.

4.  He was assigned to a unit during a period of time this unit was awarded:

* Valorous Unit Award 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation

His DD Form 214 should be amended to add these awards.

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.  adding in item 22c of his DD Form 214 the entry 11 months and 23 days;

	b.  amending item 24 of his DD Form 214 to add:

* Army Commendation Medal 
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation


	c.  amending item 30 of his DD Form 214 to add the entry "28 December 1966 to 20 December 1967 service in the RVN."




      _______ _   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)                                         AR20100014469





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ABCMR Record of Proceedings (cont)                                         AR20100014469



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