BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100016235 


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) dated 4 June 1971 to show:

* He had 2 years, 6 months, and 6 days of Foreign and/or Sea Service
* The Army Commendation Medal
* Four bronze service stars affixed to his already-awarded Vietnam Service Medal
* His service in Vietnam from 14 March 1968 through 24 March 1969

2.  The applicant states, in effect, his DD Form 214 should be corrected to reflect the requested information.

3.  The applicant provides a copy of his DD Form 214 dated 4 June 1971. 

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.  On 12 June 1967, he enlisted in the Army for 3 years.  He completed training as a light vehicle driver.  He arrived in Vietnam on 25 March 1968.

3.  The applicant was honorably discharged on 13 March 1969 for the purpose of immediate reenlistment.  Item 22c (Foreign and/or Sea Service) on the DD Form 214 he was issued shows he had 11 months and 19 days of Foreign and/or Sea Service in the United States Army Vietnam (USARV).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the following awards:

* The National Defense Service Medal
* The Vietnam Service Medal
* The Republic of Vietnam Campaign Medal with Device (1960)

4.  The applicant was in Vietnam when he reenlisted in the Army for 4 years on 14 March 1969.  

5.  On 24 March 1969, he departed Vietnam enroute to Okinawa.  During this period he participated in the Tet 69 Counteroffensive Campaign, which extended from 23 February 1969 through 8 June 1969.  

6.  The applicant subsequently departed Okinawa and returned to Vietnam on   26 September 1969.  He was assigned to Battery A, 1st Battalion, 30 Artillery, 1st Cavalry Division.  He was transferred to Company C, 229th Aviation Battalion, 1st Air Cavalry Division (Airmobile) on 12 February 1970.  During this period in Vietnam he participated in the following four campaigns:

* The Vietnam Summer-Fall 1969 Campaign, which extended from 9 June 1969 through 31 October 1969
* The Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970
* The Sanctuary Counteroffensive Campaign, which extended from 1 May 1970 through 30 June 1970
* The Vietnam Counteroffensive, Phase VII Campaign, which extended from 1 July 1970 through 30 June 1971

7.  On 21 August 1970, General Orders Number 15565 were published awarding the applicant the Army Commendation Medal for the period September 1969 through September 1970.

8.  He departed Vietnam enroute to the U.S. on 23 September 1970.

9.  On 4 June 1971, the applicant was discharged.  He had completed 1 year 
6 months, and 6 days of Foreign and/or Sea Service during his second enlistment.  Item 24 shows he was awarded:

* Three bronze service stars to be affixed to his Vietnam Service Medal
* The Air Medal
* The Purple Heart (First Oak Leaf Cluster)
* The Republic of Vietnam Gallantry Cross with Palm Unit Citation

10.  Item 30 (Remarks) of his last DD Form 214 shows 14 March 1969 through   24 March 1969 and 26 September 1969 through 23 September 1970 as his inclusive dates of service in Vietnam during this period of service.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers at the time of discharge, release from active duty, or retirement.  It states that the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214.  The regulation in effect at the time of the applicant's discharge states that the total amount of Foreign Service completed during the period covered by the DD Form 214 would be entered in item 22c.  This regulation also required that the inclusive dates of service in Vietnam be shown in item 30.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

13.  Army Regulation 600-8-22 (Military Awards) 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 included assignment in Vietnam for 6 months or more.  

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 pamphlet shows the unit to which the applicant was assigned was cited for award of the Valorous Unit Award for the period 1 May 1970 through 29 June 1970 in Department of the Army General Orders (DAGO) Number 43, dated 1972; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 January 1969 through 1 February 1970 in DAGO Number 42, dated 1972. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions regarding his Foreign and/or Sea Service and his Vietnam Service have been considered.

2.  He was issued a separate DD Form 214 showing his service in Vietnam from 14 March 1968 until his discharge for the purpose of immediate reenlistment on 13 March 1969.  This DD Form 214 also shows the 11 months and 19 days of service in Vietnam, which he completed this period.

3.  In accordance with the applicable regulation, the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214.  The total amount of Foreign Service completed was entered in item 22c.  The inclusive dates of service in Vietnam were entered in item 30.  Therefore, this part of the applicant's request should be denied.

4.  General Orders Number 15565 were published on 21 August 1970 awarding him the Army Commendation Medal.  Therefore, this award should be shown on his DD Form 214 dated 4 June 1971.

5.  The applicant is also authorized the following awards which should be shown on his last DD Form 214:

* The Republic of Vietnam Campaign Medal with Device (1960)
* The Valorous Unit Award
* The Republic of Vietnam Civil Action Honor Medal First Class Unit Citation
* One silver service star to be affixed to his already-awarded Vietnam Service Medal

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:

* Amending item 24 on his DD Form 214 dated 4 June 1971 to delete the phrase "3 Bronze Service Stars to Vietnam Service Medal"

* Adding in item 24 on his 4 June 1971 DD Form 214:

* Army Commendation Medal
* Vietnam Service Medal with one silver service star
* The Republic of Vietnam Campaign Medal with Device (1960)
* The Valorous Unit Award
* The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 amending his DD Form 214 dated 4 June 1971 to show he had 2 years, 6 months, and 6 days of Foreign and/or Sea Service and that his service in Vietnam this period was from 14 March 1968 through 24 March 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)                                         AR20100016235



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ABCMR Record of Proceedings (cont)                                         AR20100016235



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