IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100018713 


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 discharge document to show he served in the Republic of Vietnam (RVN), award of the Combat Infantryman Badge, and his date of discharge in December 1971.

2.  The applicant states he served in combat in the RVN, but he never received the Combat Infantryman Badge.  He also states he was discharged on 8 December 1971; however, his separation document shows 24 November 1970.

3.  The applicant provides copies of his enlistment and reenlistment documents, DA Form 20 (Enlisted Qualification Record), two pay documents, a clothing record, the reverse side of a flagging action, one page of a charge sheet, and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 24 November 1970.

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.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA) for a period of 3 years on 28 October 1969.

3.  A DD Form 214 shows the applicant entered this period of active duty on 28 October 1969 and he was honorably discharged on 24 November 1970 for the convenience of the government to reenlist in the RA.

	a.  Item 22 (Statement of Service) shows he completed 1 year and "25" days of net active service this period at the time.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal and Parachutist Badge.

4.  A second DD Form 4 shows the applicant reenlisted in the RA for a period of 3 years on 25 November 1970.  Item 48 shows he reenlisted for service in the RVN.

5.  The applicant's DA Form 20 shows in:

	a.  item 22 (Military Occupational Specialties (MOS)) he was awarded 11B1P as his primary MOS on 20 March 1970;

	b.  26a (Non-Pay Periods Time Lost) shows he had 1 day of lost time;

	c.  item 29 (Qualification in Arms) he qualified Sharpshooter with the M-16 Rifle on 23 October 1970;

	d.  item 31 (Foreign Service) he served in the U.S. Army Pacific (USARPAC) in Vietnam from 30 January through 21 July 1971;

	e.  item 38 (Record of Assignments) he served in duty MOS 11B1P as a rifleman while assigned to Company D, 2nd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade, USARPAC, from 8 February through 20 July 1971;

	f.  item 39 (Campaigns) he served in Vietnam during an (as then) unnamed campaign; and

	g.  item 41 (Awards and Decorations) the Parachutist Badge, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-16).

6.  Headquarters, 173rd Airborne Brigade, Special Orders Number 146, dated 26 May 1971, awarded the applicant the Combat Infantryman Badge.

7.  A DD Form 214 shows the applicant entered this period of active duty on 25 November 1970 and he was discharged under conditions other than honorable on 8 December 1971 under the provisions of Army Regulation 
635-200, paragraph 10-2, for the good of the service.

	a.  At the time he completed 11 months and 18 days of net active service this period, 1 year and "27" days of other service, and 2 years and 15 months of total active service.

	b.  Item 22c (Foreign and/or Sea Service) shows he served in USARPAC for a period of 5 months and 22 days.

	c.  Item 24 shows the entry "None."

	d.  Item 30 (Remarks) shows the applicant served in Vietnam from 30 January 1971 through 21 July 1971 and that he had 26 days of lost time.

8.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his 8 December 1971 DD Form 214.

9.  The applicant's DA Form 20 shows he was authorized the Vietnam Service Medal and that he participated in one unnamed campaign.

	a.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  Paragraph 2-13 provides the regulatory guidance on the Vietnam Service Medal.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  It also states that one bronze service star is authorized with this service medal for each Vietnam Conflict campaign a member is credited with participating in.
	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's tour in Vietnam from 30 January through 21 July 1971, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
* Consolidation I (1 July 1971-30 November 1971)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

	a.  This pamphlet shows that at the time of the applicant's assignment to Company D, 2nd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade, the battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 5, dated 1973.

	b.  Paragraph 6d 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.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served in the RVN, was awarded the Combat Infantryman Badge, and was discharged on 8 December 1971.

2.  The evidence of record shows the applicant enlisted in the RA on 28 October 1969, he was honorably discharged on 24 November 1970, and he was issued a DD Form 214 for this period of active duty service.  Therefore, he is not entitled to correction of the date of discharge on his 24 November 1970 DD Form 214.

3.  The evidence of record shows the applicant reenlisted in the RA on 25 November 1970, he was discharged under other than honorable conditions on 8 December 1971, and he was issued a DD Form 214 for this period of active duty service.  Therefore, he is not entitled to correction of the date of discharge on his 8 December 1971 DD Form 214.  A copy of the DD Form 214 will be provided to him.

4.  The evidence of record shows the applicant served in USARPAC and the RVN from 30 January through 21 July 1971, which was subsequent to his discharge on 24 November 1970 for immediate reenlistment in the RA.  This foreign service is properly recorded in item 22c and item 30 of the applicant's 8 December 1971 DD Form 214.  Therefore, there is no basis to correct either of the applicant's DD Forms 214.

5.  The evidence of record shows:

	a.  Special orders awarded the applicant the Combat Infantryman Badge.

	b.  The applicant was awarded the National Defense Service Medal.

	c.  The applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars.

	d.  The applicant was authorized the Republic of Vietnam Campaign Medal with Device (1960).

	e.  General orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

	f.  The applicant was awarded the Parachutist Badge.

	g.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 13 November 1970.

6.  In view of the foregoing, it would be appropriate to correct the applicant's 8 December 1971 DD Form 214 to show the aforementioned awards and decorations.  It would also be appropriate to correct his 24 November 1970 DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).





BOARD VOTE:

____  ___  ___ __ __  ___ ____  GRANT FULL RELIEF 
 
___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 24 of his 8 December 1971 DD Form 214 the entry "None";

	b.  adding to item 24 of his 8 December 1971 DD Form 214 the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Parachutist Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar(M-16); and

	c.  adding to item 24 of his 24 November 1970 DD Form 214 the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  The Board further determined 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 his service in Vietnam and date of discharge.



      __________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)                                         AR20100018713



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ABCMR Record of Proceedings (cont)                                         AR20100018713



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