IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100020736 


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 participated in four Vietnam campaigns, not three.

2.  The applicant states he was in Vietnam and participated in the TET Counteroffensive and the Vietnam Counteroffensive, Phases III, IV, and V campaigns.

3.  The applicant provides his DD Form 214, two DD Forms 215 (Correction to DD Form 214), and four pages of information on the Vietnam Service Medal.

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 was inducted into the Army of the United States on 21 October 1966 and he held military occupational specialty 13E (Cannon Fire Direction Specialist).  He served in Vietnam from 19 August 1967 to 12 August 1968 while assigned to Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment.

3.  On 15 August 1968, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, and two overseas service bars.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st award)
* Army Commendation Medal

6.  His records contain a DD Form 215, dated 12 March 1970, which corrected his DD Form 214 to read as follows:

* Item 8 (Place of Birth), "Birmingham, Alabama"
* Item 10b (Selective Service Local Board Number, City, County, State), "Local Board Number 2, Bayminette, Alabama"
* Item 12 (Last Duty Assignment and Location), "Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment, U.S. Army Pacific"
* Item 20 (Place of Entry into Current Active Service), "Dallas, Texas"
* Item 21 (Home of Record at Time of Entry into Active Service), "5xxx Wedgmont Circle, Fort Worth (Tarrant), Texas"
* Item 24, Added "Army Commendation Medal"

7.  A DD Form 215, dated 21 August 2009, corrected item 23a (Specialty Number & Title) of his DD Form 214 to delete "13E2O Draftsman Map Intelligence Specialist" and add "13E2O Cannon Fire Direction Specialist."


8.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four 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

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 
2nd Squadron, 11th Armored Cavalry Regiment, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 - 10 August 1968, by Department of the Army General Order Number 60, dated 1969.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and DD Form 215.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Once a DD Form 214 has been issued, do not reissue, except when two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Republic of Vietnam Campaign Medal with Device (1960) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his 


already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  As his records already contain two DD Forms 215 and additional corrections are required, all previously-issued separation documents should be voided and a new DD Form 214 should be issued to show all corrections.

BOARD VOTE:

________  ________  ________  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 voiding his DD Form 214 and DD Forms 215, dated 12 March 1970 and 21 August 2009; and issuing him a new DD Form 214 with the following corrections:

* Item 8, "Birmingham, Alabama"
* Item 10b, "Local Board Number 2, Bayminette, Alabama"
* Item 12, "Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment, U.S. Army Pacific"
* Item 20, "Dallas, Texas"
* Item 21, "5xxx Wedgmont Circle, Fort Worth (Tarrant), Texas"
* Item 23a, "13E2O Cannon Fire Direction Specialist"
* Item 24, list the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars



      _______________________
               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)                                         AR20100020736



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100020736



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1