BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100023014 


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 (Report of Transfer or Discharge) by entering a 1973 Army Commendation Medal and in effect all awards, 10 percent (%) disability due to hypertension and the education and training he completed.

2.  The applicant states the information is missing from his DD Form 214.

3.  The applicant provides copies of his 1973 DD Form 214, which he describes as "re-issued." 

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, a career noncommissioned officer reenlisted on 20 August 1969.

3.  During his tour of duty in Vietnam from 7 September 1968 to 25 March 1970 he served with Headquarters and Headquarters Detachment, 43rd Signal Battalion from 7 September to 4 November 1968 and with Headquarters Battery, 6th Battalion, 14th Artillery from 5 November 1968 to 24 March 1970.

4.  His final tour of duty was at Fort Leonard Wood, MO commencing on 14 May 1970.  He retired as a sergeant first class (SFC)/E-7 on 23 May 1973 with 20 years and 19 days of creditable service.

5.  Headquarters, I Field Force, Vietnam, General Orders Number 614, dated 
17 September 1969, awarded the applicant the Bronze Star Medal for meritorious service during the period September 1968 to September 1969.

6.  A 20 May 1970 certificate attests to his completion of the National Safety Council's Defensive Driving Course.

7.  His DA Form 20 (Enlisted Qualification Record) shows that during his final enlistment, the applicant: 

   a.  completed Specialized Training (item 28) for "CBR Tng" (Chemical, Biological and Radiological Defense), Drug Abuse; and the Geneva Convention; 

   b.  participated in five Campaigns (item 39);

   c.  received Awards and Decorations  (item 41) consisting of the Vietnamese Service Medal, National defense Service Medal with Oak Leaf Cluster, Republic of Vietnam Campaign Medal with Device (1960), three Overseas Bars, Bronze Star Medal, Good Conduct Medal (6th and 7th awards).

8.  The applicant's final DD Form 214, item 24 (Decorations, Medals , Badges, Commendations, Citations, and Campaign Ribbons) shows his awards as the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign ribbon with Device (1960) and one Overseas Bar.

9.  Item 25 (Education and Training Completed) shows "CBR Tng" and Geneva Convention.

10.  Review of the applicant's record and pertinent guidance indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.  This includes the following:
	a.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized for each Vietnam campaign a member is credited with participating in.  A silver service star is worn in lieu of five bronze service stars.  Appendix B shows the applicant's tour of duty in Vietnam, coincided with in the following five campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

   b.  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:
   
* Headquarters and Headquarters Detachment, 43rd Signal Battalion was cited for award of the Meritorious Unit Citation for the period 1 June 1968 to 28 February 1970 by Department of the Army General Order (DAGO) Number 24, dated 1972
* 6th Battalion 14th Artillery was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 55, dated 1971

11.  Army Regulation 635-5 (Personnel Separations - 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.  At that time, a DD Form 214 listed only awards received during that period of service.

12.  The instructions for item 25 (Education and Training Courses) required listing "installation training courses (qualification courses), military correspondence courses and off-duty courses…successfully completed during the period covered by the DD Form 214 being prepared."  

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  


There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants all of his awards to include the Army Commendation Medal, 10% disability due to hypertension and his education and training annotated on his DD Form 214.

2.  The governing regulation provides that only the awards received and the education and training completed during this period are to be listed.

3.  Authorized awards not listed on the applicant's DD Form 214 include the: 

* Bronze Star Medal
* Meritorious Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* silver service star representing participation in five vice two campaigns in Vietnam

4.  The applicant served in Vietnam for a total of 20 months and is entitled to three Overseas Bars.

5.  There is no indication in the available record that the applicant was awarded the Army Commendation Medal in 1973.  

6.  During this period of service the applicant completed training courses in Defensive Driving and Drug Abuse that is not listed on his DD Form 214.

7.  The applicant was not separated for physical disability and, otherwise, there is no provision for entering disability information on the DD Form 214.

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct his records 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.  deleting from item 24 (Decorations, Medals`1, Badges, Commendations, Citations, and Campaign Ribbons) of his DD Form 214 for the period ending
31 May 1973 the entire entry; 
   
   b.  adding to item 24 of his DD Form 214 for the period ending 31 May 1973 the Bronze Star Medal, Good Conduct Medal (7th Award), Vietnam Campaign Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three Overseas Bars; and 
   
   c.  adding the "Defensive Driving" and "Drug Abuse" to the information currently entered in item 25 (Education and Training Completed).

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 listing the Army Commendation Medal and "10% disability due to hypertension" on his 
DD Form 214 for the period ending 31 May 1973.



      ___________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)                                         AR20100023014



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ABCMR Record of Proceedings (cont)                                         AR20100023014



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