IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100020405 


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 his correct date of birth and date of entry on active duty, that he served in the Republic of Vietnam (RVN), and all of his authorized awards and decorations.

2.  The applicant states he served with the 25th Infantry Division in the RVN from 31 May 1969 to 30 May 1970; however, his service in the RVN is not recorded on his DD Form 214..

3.  The applicant provides a copy of his DD Form 214 and DD Form 215 (Correction to DD Form 214).  He also provides a copy of Headquarters,
25th Infantry Division [Vietnam], Special Orders Number 113, dated 23 April 1970, that shows he departed the United States for Vietnam on 31 May 1969 and he was reassigned to the U.S. Army Vietnam Returnee Detachment on 26 May 1970 to return to the United States.

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 and entered active duty in the Regular Army (RA) for a period of 3 years on 13 June 1968.  His date of birth is 26 February 1951.  Upon completion of training he was awarded military occupational specialty 45G (Turret Artillery Repairman).

3.  A DD Form 214 shows the applicant entered active duty on 13 June 1968 and he was honorably discharged on 13 March 1969 for the convenience of the government to reenlist in the RA.  At the time he had completed 9 months and
1 day of net active service this period.  

   a.  Item 9 (Date of Birth) shows "26 Feb 51" (i.e., 26 February 1951).

	b.  Item 22 (Statement of Service), block c (Foreign and/or Sea Service), shows he served in U.S. Army Europe (USAREUR) for 1 month and 16 days.

   c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 29 (Qualification in Arms) he qualified Sharpshooter with the M-14 Rifle on 13 August 1968 and Expert with the M-16 Rifle on 20 July 1970;

	b.  item 31 (Foreign Service) he served in:

* Germany from 28 January through 8 April 1969
* Vietnam from 31 May 1969 through 30 May 1970
* Vietnam beginning 15 February 1971

	c.  item 38 (Record of Assignments) he was assigned to:

* Battery D, 3rd Battalion, 13th Artillery, 25th Infantry Division, from
9 June 1969 through 29 May 1970
* 557th Light Maintenance Company from 21 February through 3 March 1971
* 136th Light Maintenance Company from 4 March through
15 December 1971
	d.  item 39 (Campaigns) he served in Vietnam during the:

* TET Counteroffensive 1969
* Vietnam Summer - Fall 1969
* Vietnam Winter - Spring 1970
* an [as then] unnamed campaign

	e.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal (1st Oak Leaf Cluster), Driver and Mechanic Badge with Mechanic Bar, two Overseas Service Bars, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with (M-16) Rifle Bar (per Headquarters, 4th Battalion,
39th Field Artillery, Fort Bragg, NC, Special Orders Number 150, dated 29 July 1970), and Sharpshooter Marksmanship Qualification Badge with [M-14] Rifle Bar.

5.  On 29 December 1970, the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for failing to be at Work Call formation at 0730 hours on 24 December 1970.  His punishment was forfeiture of $50.00 pay for one month.

6.  A DD Form 214, as corrected by a DD Form 215, dated 16 April 2010, shows the applicant entered active duty this period on 14 March 1969, was honorably released from active duty on 21 December 1971, and transferred to the U.S Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  At the time he completed 2 years, 9 months, and 8 days of net active service this period.  It also shows in:

   a.  item 9 (Date of Birth [as corrected] - "26 Feb 51";
   
   b.  item 22c (Foreign and/or Sea Service) he served in the U.S. Army Pacific
(USARPAC) for a period of 10 months and 5 days;

	c.  item 24 [as corrected] the National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Army Commendation Medal
(1st Oak Leaf Cluster), Republic of Vietnam Campaign Medal with Device (1960), Driver an Mechanic Badge with Mechanic Bar, two Overseas Service Bars, and Expert Marksmanship Qualification Badge with Rifle Bar; and

	d.  item 30 (Remarks) the applicant served in Vietnam from 16 February through 20 December 1971.

7.  The applicant's DA Form 20 shows he was authorized the Vietnam Service Medal and that he participated in four campaigns.

8.  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 one 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.  Also, one silver service star is authorized to be worn on the ribbon in lieu of five bronze service stars.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that:

	a.  during the applicant's tour in Vietnam from 31 May 1969 through
30 May 1970, participation credit was awarded for the following campaigns:

* Tet Counteroffensive 1969  (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970  (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive  (1 May 1970 - 30 June 1970)

	b.  during the applicant's tour in Vietnam from 15 February through
20 December 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)
* Consolidation II  (1 December 1971 - 29 March 1972)

9.  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 Battery D, 3rd Battalion, 13th Artillery, 25th Infantry Division, the regiment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51 (1971).
	b.  Paragraph 6d states that Department of the Army General Orders Number 8 (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.

10.  There is no evidence the applicant was awarded the first award of the Army Good Conduct Medal.

   a.  Item 38 of his DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his entire period of active duty service, except for an 11-day period (i.e., 1 to 11 February 1969) when he received a rating of "unknown."

   b.  The only adverse information in the applicant's military personnel records is that he  received NJP for missing a work call formation on 24 December 1970.

   c.  There is no evidence the applicant's commander disqualified him from the award.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service.  This period is
3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

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 21 December 1971, DD Form 214 should be corrected to show his correct date of birth and date of entry on active duty, that he served in Vietnam from 31 May 1969 to 30 May 1970, and all authorized awards and decorations.

2.  The applicant's 13 March 1969, DD Form 214 shows his correct date of birth. In addition, records show the date of birth on the applicant's 21 December 1971, DD Form 214 was corrected by a DD Form 215, dated 16 April 2010.  Therefore, there is no error in the applicant's date of birth on either of his DD Forms 214.
3.  Records show the applicant was issued a DD Form 214 for his initial period of active duty from 13 June 1968 through 13 March 1969.  Records also show the applicant was issued a second DD Form 214 for the period of his reenlistment from 14 March 1969 through 21 December 1971.  Thus, there is no error in the date of entry on either of his DD Forms 214.

4.  The applicant's 21 December 1971, DD Form 214 shows he served in Vietnam from 16 February to 20 December 1971 and that he was credited with 10 months and 5 days of foreign service.

   a.  Records show the applicant served in Vietnam during a previous tour of duty from 31 May 1969 to 30 May 1970, which equates to 1 year of foreign service.

	b.  Therefore, it would be appropriate to correct this DD Form 214 to show this additional foreign service.

5.  Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.

* He received conduct and efficiency ratings of "excellent"
* Despite the one record of NJP, there is no evidence the applicant's commander disqualified him from the award

6.  Based on the available evidence, it would be appropriate to approve award of the Army Good Conduct Medal to the applicant and correct his records.

7.  The evidence of record shows:
	
	a.  The applicant qualified for award of the Vietnam Service Medal and he served in seven campaigns during his service in Vietnam which entitles him to the Vietnam Service Medal with one silver service star and two bronze service stars.

	b.  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.

	c.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 29 July 1970.

8.  In view of the foregoing, it would be appropriate to correct the applicant's 21 December 1971, DD Form 214 to show all of his awards and decorations, as recommended below.

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:

	a.  awarding the applicant the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 13 June 1968 to 12 June 1971;

   b.  correcting his 21 December 1971, DD Form 214 by:

   	(1)  deleting from item 12, block c, the entry "0 [years], 10 [months],
5 [days]";

   	(2)  adding to item 12, block c, the entry "1 [year], 10 [months], 5 [days]";

		(3)  deleting from item 24 the entry "Vietnam Service Medal with 4 Bronze Service Stars";

		(4)  adding to item 24 the Vietnam Service Medal with one silver service star and two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Expert Marksmanship Qualification Badge with (M-16) Rifle Bar; and

		(5)  adding to item 30 the entry "Vietnam Service:  31 May 1969 - 30 May 1970."

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 the applicant's date of birth and date of entry on active duty.  



      _______ _   __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)                                         AR20100020405



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ABCMR Record of Proceedings (cont)                                         AR20100020405



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