IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100018209 


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 show three tours of duty in the Republic of Vietnam (RVN) and missing awards.

2.  The applicant states his DD Form 214 is missing awards.  He contends that he served 3 tours in the RVN for a total of 44 months but this service is not fully shown on his DD Form 214.

3.  The applicant provides a 26-page self-authored letter that narrates his experiences while in the military.

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 31 July 1964 for a period of
3 years.  Upon completion of initial entry training, he was awarded military occupational specialty 76A (Supply Specialist).

3.  On 15 August 1965, he was discharged for the purpose of immediate reenlistment.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service that shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  On 16 August 1965, he reenlisted for a period of 6 years

5.  Special Orders Number 141, issued by Headquarters, U.S. Army Depot, Cam Ranh Bay, RVN, dated 9 July 1966, directed the applicant to report to the
55th General Support Company for transition to the continental United States (CONUS) en route to his new assignment.  These orders show his date departed the United States (DDUS) as 23 August 1965 with his date expected to return from overseas (DEROS) as 22 August 1966.  It also shows his unit as the
647th Quartermaster Company.

6.  Special Orders Number 340, issued by Headquarters, U.S. Army Personnel Center, Oakland, CA, dated 6 December 1966, reassigned the applicant to Fort Meade, MD.  These orders show his DEROS date as 21 November 1966 via Travis Air Force Base, CA.

7.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 26 July 1967 through 21 July 1968 and from 23 June 1969 through 22 January 1970.  Item 38 (Record of Assignments) shows he served with the 551st Transportation Detachment from 25 June 1969 to 10 March 1970 (sic).  His previous tours of duty in the RVN are not documented on this DA Form 20.  It appears the information contained on this DA Form 20 is incomplete.  It also appears his original DA Form 20 is not available for review and that this DA Form 20 is a reconstructed version.

8.  He was discharged on 12 March 1970.  Item 18f (Foreign and/or Sea Service) of his DD Form 214 for this period of service shows he completed 1 year,
6 months, and 26 days of foreign service during the period covered by this report. Item 19 (Indochina or Korea Service since August 5, 1964) shows the entry "Yes" and the dates as:

* 26 July 1967 - 21 July 1968 [a period of 11 months and 26 days]
* 23 June 1969 - 22 January 1970 [a period of 7 months]

9.  Item 26 of this DD Form 214 shows the:

* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal with one silver service star and two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar

10.  No orders were found in his Official Military Personnel File (OMPF) indicating entitlement to any additional awards.

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for pertaining to the applicant.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B of this regulation contains the campaigns for the RVN conflict and shows he participated in the following nine campaigns during his three tours of duty in the RVN:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* 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 Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provides standardized policy for 

the preparation of the DD Form 214.  The regulation in effect at the time of his DD Form 214 for the period ending 12 March 1970 provided that for:

	a.  item 18 (Record of Service), all service shown in 18a through 18f will be less time lost; and 

	b.  item 19, for Vietnam service place an X in the "yes" block and show the specific dates of service.

14.  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 the 551st Transportation Detachment was cited for award of the Meritorious Unit Commendation for the period 23 June 1969 through 30 April 1970 by Department of the Army General Order Number 24, dated 1972.

15.  Department of the Army Pamphlet 672-3 states that 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. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant arrived in the RVN on 23 August 1965 and that he departed the RVN on 21 November 1966 for a period of 1 year and 3 months of foreign service.  This service is not documented in his DA Form 20 or DD Form 214.  However, his DA Form 20 and DD Form 214 confirm he served a tour of duty in the RVN from 26 July 1967 through 21 July 1968 for a period of
11 months and 26 days and another tour of duty in the RVN from 23 June 1969 through 22 January 1970 for a period of 7 months.  This equates to 2 years,
9 months, and 26 days of total foreign service.  Therefore, it would be appropriate to correct item 12f and item 19 of his DD Form 214 to show this additional overseas service in the RVN.

2.  His DD Form 214 shows he was awarded the Vietnam Service Medal with one silver service star and two bronze service stars.  However, he participated in nine campaigns during his three tours in the RVN.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with one silver service star and four bronze service stars.

3.  The applicant's unit was cited for award of the Meritorious Unit Commendation during his period of service in the RVN.  Therefore, his DD Form 214 should be corrected to show this unit award,

4.  All units in the RVN were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tours of duty in the RVN.  Therefore, his DD Form 214 should be corrected to show this unit award.

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.  deleting from 18f of his DD Form 214 for the period ending 12 March 1970 the entry "1  6  26" and replacing it with the entry "2  9  26 days;

	b.  adding to item 19 of his DD Form 214 for the period ending 12 March 1970 the entry "23 Aug 65 - 21 Nov 66";

	c.  deleting from item 26 of his DD Form 214 for the period ending 12 March 1970 the Vietnam Service Medal with one silver service star and two bronze service stars; and

	d.  adding to item 26 of his DD Form 214 for the period ending 12 March 1970 the:

* Vietnam Service Medal with one silver service star and four bronze service stars
* 
Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      ___________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)                                         AR20100018209



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ABCMR Record of Proceedings (cont)                                         AR20100018209



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