IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100019063 


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) to show he served two tours in the Republic of Vietnam (RVN).

2.  He states his DD Form 214 only shows he served in the RVN from
3 September 1967 to 25 September 1968.

3.  He 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’s record shows he enlisted in the Regular Army on 25 August 1966.  He was credited with 3 years, 9 months, and 4 days of total active service at the time of his honorable release from active duty on 28 May 1970.

3.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he was credited with 1 year, 11 months, and 27 days of service in the U.S. Army Pacific (USARPAC).  Additionally, item 30 "Remarks" of this form shows he served in the RVN from 3 September 1967 to 25 September 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Army Good Conduct Medal
* Air Medal

5.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) contained in his Official Military Personnel File (OMPF) shows he served in USARPAC (Vietnam):

* from 3 September 1967 through 2 September 1968
* from 31 May 1969 through 28 May 1970

6.  Item 38 (Record of Assignments) of his DA Form 20 shows while in the RVN, he served with the following unit during the periods indicated:

* 330th Radio Research Company from 7 September 1967 to 2 September 1968
* Headquarters and Headquarters Detachment, 224th Aviation Battalion from 12 June 1969 through 1 July 1969
* 156th Aviation Company, 224th Aviation Battalion from 3 July 1969 through 21 December 1969
* 146th Aviation Company from 22 December 1969 to 28 May 1970

7.  Army Regulation 635-5 (Separation Documents) in effect at the time established standardized policy for preparing and distributing the DD Form 214.  Section III instructed the preparer, in pertinent part, to enter inclusive dates of service for Vietnam, example:  "Vietnam - 25 April 1970 to 28 May 1971."

8.  As a related issued, based on the applicant's service in the RVN, review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  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 silver service star will be work in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following eight campaigns:

* 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)
* 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)

10.  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:

* 330th Radio Research Company was cited for award of the Meritorious Unit Commendation for the period 1 June 1967- 30 June 1968 by Department of the Army General Order (DAGO) Number 28, dated 1969
* 330th Radio Research Company was cited for award of the Meritorious Unit Commendation for the period 1 July 1968 - 30 June 1969 by DAGO Number 51, dated 1971
* 146th Aviation Company was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 January 1970 - 3 March 1971 by DAGO Number 6, dated 1974

11.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's DD Form 214 shows he served one tour in the RVN from 3 September 1967 to 25 September 1968, his DA Form 20 confirms he served in the RVN from 3 September 1967 to 2 September 1968 and from
31 May 1969 to 28 May 1970.  This information is consistent with the entry in item 22e of his DD Form 214 that shows he completed 1 year, 11 months, and 27 days of foreign service.  Therefore, he is entitled to correction of item 30 of his DD Form 214 to show his 2nd tour in the RVN from 31 May 1969 through 28 May 1970.

2.  During his two tours in the RVN he participated in a total of eight campaign phases.  Therefore, he is entitled to one silver service star and three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

3.  During his two tours in the RVN the units to which he was assigned were cited for two awards of the Meritorious Unit Commendation and an RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  deleting from item 30 of his DD Form 214 the entry "RVN - 3 Sep 67 - 
25 Sep 78,"

	c.  adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with one silver service star and three bronze service stars
* Meritorious Unit Commendation with one oak leaf cluster
* RVN Gallantry Cross with Palm Unit Citation

	d.  adding to item 30 of his DD Form 214 the entry "Vietnam:  3 September 1967 to 2 September 1968 and 31 May 1969 to 28 May 1970."



      __________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)                                         AR20100019063



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ABCMR Record of Proceedings (cont)                                         AR20100019063



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