BOARD DATE:	  15 February 2011 

		DOCKET NUMBER:  AR20100016208 


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) for the period ending 20 February 1972 to show he entered active duty on 7 June 1965 and to show the Purple Heart and the Parachutist Badge.

2.  The applicant states the date of entry on his DD Form 214 is incorrect and that he was awarded the Purple Heart for combat wounds received on
20 November 1970.

3.  The applicant provides no additional documents.

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 7 June 1965 for a period of
3 years.  Upon completion of initial entry training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman).

3.  On 23 August 1967, he was discharged for the purpose of immediate reenlistment.  On 24 August 1967 he reenlisted for a period of 3 years.  He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 7 June 1965 through 23 August 1967.  His DD Form 214 for this period shows he completed 2 years, 2 months, and 17 days of total active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal
* Parachutists Badge
* National Defense Service Medal
* Combat Infantryman Badge

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he arrived in the RVN on 29 April 1967.

5.  He departed the RVN on 26 April 1968 en route to Alaska for his next assignment, where he served from 8 June to 18 August 1968.  He departed Alaska en route to the RVN, arriving on 8 September 1968, where he served until 28 August 1970.  He served a third tour of duty in the RVN from 20 October 1970 to 20 August 1971.

6.  There is no evidence of record and the applicant did not provide any evidence that shows he was awarded a Purple Heart for wounds received in the RVN on 20 November 1970.

7.  Headquarters, 173rd Airborne Brigade, General Orders Number 1228, dated 31 May 1971, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on 30 May 1971.

8.  During his tours in the RVN, he served with the following units for the periods indicated:

* 2nd Battalion, 327th Infantry (5 May - 8 September 1967)
* 53rd General Support Group (3 October 1967 - 26 April 1968)
* 
173rd Support Battalion (15 September 1968 - 11 March 1969)
* 2nd Battalion, 503rd Infantry (12 March - 7 April 1969)
* 765th Security Platoon (10 April 1969 - 28 August 1970)
* Airborne Division Detachment, U.S. Military Activity Vietnam (31 October - 18 November 1970)
* 2nd Battalion, 503rd Infantry (23 November 1970 - 23 July 1971)

9.  He was discharged on 20 February 1972.  He was issued a DD Form 214 for the period 24 August 1967 through 20 February 1972 that shows in:

* item 18 (Record of Service):

(a) (Net Active Service This Period) the entry "4  3  2" [indicating years, 
months, days]
(b) (Prior Active Service) the entry "0  0  0"
(c) (Total Active Service) the entry "4  3  2"
(d) (Prior Inactive Service) the entry "0  0  0"
(e) (Total Service for Pay) the entry "4  3  2"

* Item 21 (Time Lost) shows he had 105 days of time lost during the following periods:

* 12 April to 20 April 1971
* 30 October to 16 November 1971
* 28 November to 17 December 1971
* 18 December to 14 February 1972

* item 26 of this DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A solver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following 12 campaigns:
* 
Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* 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)
* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

11.  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.  It states that for:

* item 9d (Effective Date [of separation]), enter the effective date of separation
* item 15 (Date Entered Active Duty This Period), enter the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued
* item 18(a), enter the amount of service this period, less time lost, computed by subtracting item 15 from item 9d
* item 18(b), enter from previously-issued DD Forms 214, the total amount of prior active military service, less time lost, if any
* item 18(c), enter the amount of service, computed by item 18(a) and 18(b)
* item 18(d), from previously-issued DD Forms 214, enter the total amount of prior inactive service, less time lost, if any or, if not applicable, enter "0  0  0"
* item 18(e), enter the total service for pay, computed by adding item 18(c) and item 18(d)
* item 26, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22, as verified by the Soldier’s records

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows that during his assignment to the 173rd Support Battalion, it was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 5 May 1965 to 26 September 1970 by Department of the Army General Orders Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on 30 May 1971.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 20 February 1972 to show this award.

2.  However, there is no evidence he was wounded and received the Purple Heart for wounds received on 20 November 1970.  Therefore, this portion of his request should be denied.

3.  Item 26 of his DD Form 214 for the period ending 23 August 1967 shows the Parachutist Badge but this badge was omitted from the DD Form 214 for the period ending 20 February 1972.  Therefore, his DD Form 214 for this period should be corrected to show this badge.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in 12 campaigns phases while in the RVN.  Therefore, he is entitled to two silver service stars and two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  The 173rd Support Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 20 February 1972 to show this unit award.

6.  He was issued a DD Form 214 for the period 7 June 1965 through 23 August 1967 covering his first period of enlistment.  He reenlisted on 24 August 1967, he was discharged on 20 February 1972, and he was issued a DD Form 214 covering this period of service.  He was properly issued a separate DD Form 214 for his two periods of service.  Therefore, the portion of his request pertaining to correction of his DD Form 214 for the period ending 20 February 1972 to show he entered active duty on 7 June 1965 should be denied.  A copy of his first      DD Form 214 will be provided to him.

7.  In a related issue, the applicant's DD Form 214 for the period ending
20 February 1972 incorrectly reflects his record of service.  Item 18(b) does not reflect any prior active service; however, he completed 2 years, 2 months, and
17 days of prior active service during the period 7 June 1965 through 23 August 1967.  Therefore, items 18(b), 18(c), and 18(e) should be corrected accordingly.

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:

	a.  deleting from item 18(c) and 18(e) of his DD Form 214 for the period ending 20 February 1972 the entry "4  3  2";

	b.  deleting from item 18(b) of his DD Form 214 for the period ending           20 February 1972 the entry "0  0  0";

	c.  deleting from item 26 of his DD Form 214 for the period ending 
20 February 1972 the Vietnam Service Medal;

	d.  adding to item 18(c) and 18(e) of his DD Form 214 for the period ending 20 February 1972 the entry "6  5  19"; 

	e.  adding to item 18(b) of his DD Form 214 for the period ending 20 February 1972 the entry "2  2  17"; and

	f.  adding to item 26 of his DD Form 214 for the period ending 20 February 1972 the Purple Heart, Vietnam Service Medal with two silver service stars and two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Parachutist Badge.

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 showing he was awarded the Purple Heart for wounds received in the RVN on 20 November 1970 and 
showing he entered active duty on 7 June 1965 on his DD Form 214 for the period ending 20 February 1972.



      __________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)                                         AR20100016208



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100016208



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1