IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100018857 


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 Vietnam service dates shown in Item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests that his DD Form 214 be corrected to show award of the Army Commendation Medal.

2.  He states Item 30 shows he served in Vietnam from 21 February through 20 September 1970.  He served in Vietnam from 21 February 1969 through 20 September 1970.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 credits him with 1 year and 7 months of foreign service which is the correct entry. 

3.  He provides:

* Army Commendation Medal orders
* DD Form 214

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’s military records show he enlisted in the Regular Army on 12 September 1968, for 3 years.  He completed training and was awarded military occupational specialty 76P, Stock Control and Accounting Specialist.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 21 February 1969 through 20 September 1970, a period of 1 year and 7 months.  He served in Vietnam during six campaigns.  

4.  Special Orders Number 55, issued by the U.S. Army Support Command on 24 February 1969, shows he was assigned to Company E, U.S. Army Depot, Long Binh, in Vietnam on 24 February 1969.

5.  General Orders Number 1299, issued by the U.S. Army Support Command on 2 September 1970, awarded him the Army Commendation Medal for meritorious service in Vietnam from February 1969 to September 1970.

6.  He was honorably released from active duty in pay grade of E-5 on 14 September 1971 and transferred to the U.S. Army Reserve Control Group.

7.  Item 22c of his DD Form 214 credits him with 1 year and 7 months of service. Item 30 (Remarks) contains the entry, "Vietnam Service:  21 February 1970 - 20 September 1970.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, three overseas service bars, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.





10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, U.S. Army Depot, Long Binh, was awarded the Meritorious Unit Commendation for the period 1 September 1968 to 31 July 1969, based on Department of the Army General Orders Number 39, dated 1970.

11.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam from 21 February 1969 through 20 September 1970, a period of 1 year and 7 months. Therefore, he is entitled to correction Item 30 of his DD Form 214 to show the entry "Vietnam Service:  21 February 1969 - 20 September 1970."  

2.  The evidence of record also confirms he was awarded the Army Commendation Medal and this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

3.  The evidence also confirms he participated in six campaigns while serving in Vietnam.  Therefore, he is entitled to award of one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

4.  General orders awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.   Therefore, it would also be appropriate to correct his records to show these unit awards.

5.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 to Item 24 of the applicant's DD Form 214 the Army Commendation Medal, one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; 

	b.  amending Item 30 of his DD Form 214 to show the entry "Vietnam Service: 21 February 1969 - 20 September 1970"; and
   
	c.  providing him a document to show the above corrections.



      _______ _   _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)                                         AR20100018857



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ABCMR Record of Proceedings (cont)                                         AR20100018857



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