IN THE CASE OF:	  

		BOARD DATE:	    6 January 2011

		DOCKET NUMBER:  AR20100019997 


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 (Certificate of Release or Discharge from Active Duty), for the period ending on 10 July 1980, to show his total active service and awards.  

2.  The applicant states he served on active duty from 2 December 1968 to 10 July 1980.  He completed two tours in Vietnam, a tour in Korea, two tours in Germany, and various locations stateside.  He would like a DD Form 214 that shows his complete period of active service.

3.  The applicant provides a DD Form 214, dated 10 July 1980.

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 records show he enlisted in the Regular Army (RA) for a period of 3 years on 2 December 1968 and held military occupational specialty (MOS) 62B (Engineer/Construction Equipment Repairer).  He completed the following overseas tours during this period of enlistment:

* He served in the Republic of Vietnam from 11 July 1969 to 10 July 1970, assigned to Headquarters, U.S. Army Support Command, Qui Nhon
* He served in Germany from 2 September 1970 to 9 May 1971, assigned to the 79th Engineer Battalion (he was not credited with a completed overseas tour)

3.  He was honorably discharged, while in Germany, on 7 April 1971 for the purpose of immediate reenlistment.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this enlistment shows he completed 2 years, 4 months, and 6 days of creditable active service.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of enlistment shows he was awarded the:  National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, and the Army Commendation Medal.

5.  He executed a 4-year reenlistment in the RA on 8 April 1971 and a 12-month extension on 1 April 1975.  He held MOS 84G (Photographic Laboratory Specialist) and completed the following overseas tours during this period of reenlistment:

* He served in Vietnam from 18 June 1971 to 8 March 1972, assigned to Company B, 577th Engineer Battalion (he was not credited with a completed tour)
* He served in Korea from 27 January 1974 to 26 January 1975, assigned to the 226th Signal Company

6.  He was honorably discharged on 10 February 1976.  The DD Form 214 (Report of Separation from Active Duty) for this period of reenlistment shows he completed 4 years, 10 months, and 3 days of creditable active service, and he had 2 years, 4 months, and 6 days of prior active service, for a total of 7 years, 2 months, and 9 days of total active service.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for this period of reenlistment shows he was awarded the:  National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, three overseas service bars, and credit for six Vietnam campaigns.

8.  He executed a 3-year reenlistment on 11 February 1976 and a 17-month extension on 19 April 1977.  He served with the 143rd Signal Company in Germany from 23 June 1977 to 27 July 1979 and he was honorably discharged on 10 July 1980.  The DD Form 214 for this period of reenlistment shows the following entries:

* item 12a (Date Entered AD (Active Duty) This Period), "76  02  11"
* item 12b (Separation date This Period), "80  07  10"
* item 12c (Net Active Service This Period), "03  05  00"
* item 12d (Total Prior Active Service), "07  02  09"

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for this period of enlistment shows he was awarded the:  National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal (1st Oak Leaf Cluster), Good Conduct Medal (4th Award), and three overseas service bars.

10.  He enlisted in the U.S. Army Reserve on 20 July 1983 and served with a troop program unit, the 372nd Public Affairs Detachment, Tampa, FL.  He was ultimately honorably discharged from the USAR on 19 July 1986. 

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in item 12 is as follows:  Item 12a shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued; item 12b shows the Soldier's transition or separation date; item 12c shows the net active service (less lost time) completed during the period covered by the 214; and item 12d show prior active service, less time lost under Title 10, U.S. Code, section 972.

12.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

	b.  The Overseas Service Ribbon, established on 10 April 1981, is awarded to members of the U.S. Army for successful completion of overseas tours.  Effective 1 August 1981, all members of the Active Army, Army National Guard (ARNG) and USAR in an active Reserve status are eligible for this award.  It may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an active status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	c.  The Army Service Ribbon, established on 10 April 1981, is awarded to all members of the Active Army, ARNG and USAR in an active Reserve Component (RC) status, upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an active status on or after 1 August 1981.

13.  Department of the Army General Orders Number 8, dated 1974, awarded Headquarters, U.S. Army Support Command - Qui Nhon as well as the 577th Engineer Battalion the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

15.  Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.  Appendix B shows during his two overseas tours in Vietnam, participation credit was awarded for the:

* Vietnam Summer - Fall 1969 (9 June to 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970)
* DA Sanctuary Counteroffensive (1 May to 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971)
* Consolidation I (1 July to 30 November 1971)
* Consolidation II (1 December 1971 to 29 March 1972)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the RA on 2 December 1968.  He completed 2 years, 4 months, and 6 days of active duty and he was discharged on 7 April 1971 for immediate reenlistment.  He was issued a DD Form 214 that captured this period of active duty.

2.  He reenlisted on 8 April 1971 and he was again honorably discharged on 10 February 1976 for immediate reenlistment.  He completed 4 years, 10 months, and 3 days of creditable active service during this period.  He was issued a DD Form 214 that captured this period of service as well as his prior active service, totaling 7 years, 2 months, and 9 days of active service.

3.  He reenlisted on 11 February 1973 and he was honorably discharged on 10 July 1980.  He completed 3 years and 5 months of creditable active service during the period covered by this DD Form 214.

	a.  Item 12a correctly reflects the entry "76  02  11," the date he reenlisted; item 12b correctly reflects the entry "80  07  10," the date he was discharged; item 12c correctly reflects the entry "03  05  00," the total active service from the date he reenlisted to the date he was discharged; and item 12d reflects an entry of "07  02  09" which is his total prior active service.

	b.  When combining the applicant's net active service this period in item 12c to his total prior active service in item 12d, it equates to 10 years, 7 months, and 9 days of total creditable active service.

4.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced.  His DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting him relief.  A copy of his previous DD Forms 214 will be provided to him.

5.  The evidence of record shows he served in Korea from 27 January 1974 to 26 January 1975; therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show it.

6.  The evidence of record shows he completed initial entry training prior to creation of the Army Service Ribbon in May 1981, and he was a member of the USAR in an active Reserve status after this date.  Therefore, he met the criteria for and should be awarded the Army Service Ribbon and have his records corrected to show it.

7.  The evidence of record shows he received credit for completion of three overseas tours (Vietnam, 11 July 1969 to 10 July 1970; Korea, 27 January 1974 

to 26 January 1975; and Germany, 23 June 1977 to 27 July 1979).  Although he completed these overseas tours prior to the creation of the Overseas Service Ribbon in May 1981, he was a member of the USAR in an active Reserve status after this date.  Therefore, he met the criteria for and should be awarded three awards of the Overseas Service Ribbon and have his records corrected to show them.

8.  General orders awarded his units of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

9.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in six campaigns while serving in Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star to be affixed to his 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 adding to item 13 of his DD Form 214 for the period ending on 10 July 1980 the:

* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* A silver service star and a bronze service star to be affixed to his already-awarded Vietnam Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)


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 his total active service. 



      _________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)                                         AR20100019997



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ABCMR Record of Proceedings (cont)                                         AR20100019997



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