BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100026930 


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 16 September 1975 to show award of the Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, any qualification badges, and all other awards that he is authorized.

2.  The applicant states he was assigned to the 321st Transportation Company in Vietnam from 7 January to 22 December 1971.  He would like his DD Form 214 corrected prior to submission of his claim for veteran's benefits to the Department of Veterans Affairs.

3.  The applicant provides:

* a DA Form 20 (Enlisted Qualification Record)
* a DA Form 2-1 (Personnel Qualification Record)
* three DD Form 214
* four disability retirement 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 enlisted in the Regular Army (RA) on 29 April 1970 for a period of 2 years.  Upon completion of training he was awarded military occupational specialty 64C (Motor Transport Operator).

3.  The applicant's DA Form 20 shows in:

   a.  item 29 (Qualification in Arms) he qualified Sharpshooter with the M-16 Rifle on 17 June 1970;

	b.  item 31 (Foreign Service) he served in Vietnam from 7 January through
22 December 1971;

	c.  item 38 (Record of Assignments) he was assigned to the
321st Transportation Company from 14 January through 17 December 1971;

	d.  item 39 (Campaigns) the Vietnam Counteroffensive Phase VII and an (as then) 15th unnamed campaign; and
	
   e.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)

4.  His DD Form 214 for this period of service shows he was honorably discharged on 10 December 1971 for the purpose of immediate reenlistment.

	a.  He had completed 1 year, 7 months, and 12 days of net active service this period, including 11 months and 3 days of foreign service in Vietnam.


	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic Vietnam Campaign Medal with Device (1960)
* One Overseas Service Bar

5.  General Orders Number 1683, issued by Headquarters, U.S. Army Support Command, Saigon, dated 30 November 1971, awarded the applicant the Army Commendation Medal for meritorious service against a hostile force for the period January 1971 to January 1972.

6.  The applicant reenlisted in the RA on 11 December 1971 for a period of
3 years.

7.  General Orders Number 57, issued by Headquarters, U.S. Army Armor and Engineer Board, Fort Knox, KY, dated 3 July 1973, awarded the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 29 April 1970 to 28 April 1973.

8.  The applicant's DA Form 2-1 shows in:

	a.  item 5 (Oversea Service) he served in Vietnam from 7 January through
22 December 1971; and
	
   b.  item 9 (Awards, Decorations and Campaigns) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Two Overseas Service Bars
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Campaigns:

* Vietnam Counteroffensive Phase VII
* Consolidation I
* Consolidation II


9.  His DD Form 214 for this period of service shows he applicant was honorably discharged on 9 December 1974 for the purpose of immediate reenlistment.

	a.  He had completed 2 years, 11 months, and 29 days of net active service this period and 11 days of foreign service.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic Vietnam Campaign Medal
* Two Overseas Service Bars
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)

10.  The applicant reenlisted in the RA on 10 December 1974 for a period of
3 years.

11.  The DD Form 214 for this period of service shows the applicant was honorably retired on 16 September 1975 based on temporary physical disability.

	a.  He had completed 9 months and 7 days of net active service this period;
4 years, 7 months, and 11 days of prior active service; and 5 years, 4 months, and 18 days of total active service.

	b.  Item 26 shows the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic Vietnam Campaign Medal
* Army Good Conduct Medal
* Two Overseas Service Bars

12.  In support of his request, the applicant provides copies of his disability separation documents that show he was placed on the Temporary Disability Retired List (TDRL) on 17 September 1975 with a disability rating of 60 percent (%), he was removed from the TDRL on 30 June 1979, and he was permanently retired on 1 July 1979 in the rank/grade of specialist five (SP5)/E-5.


13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 three campaigns:

* Vietnam Counteroffensive Phase VII  (1 July 1970 - 30 June 1971)
* Consolidation I  (1 July - 30 November 1971)
* Consolidation II  (1 December 1971 - 29 March 1972)

14.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

15.  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.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 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.

16.  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.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  Regulatory guidance states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214 as verified by the Soldier’s records.  Although the applicant's record contains three DD Forms 214 for his continuous active service from 29 April 1970 thorough 16 September 1975, it would be appropriate to correct his last DD Form 214 for the period ending 16 September 1975 to show all of his authorized awards and decorations.  Therefore, his DD Form 214 for the period ending 16 September 1975 should be corrected as follows.

2.  Records show the applicant participated in three campaigns phases during his service in the Republic of Vietnam.  Therefore, he is entitled to three 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.

3.  The applicant qualified for award of the Republic of Vietnam Campaign Medal with Device (1960) which is incorrectly noted on his final DD Form 214.  Therefore, his DD Form 214 should be corrected to show the correct title of the award.

4.  During his assignment in Vietnam all units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his
DD Form 214 should be corrected to show this foreign unit award.

5.  Records show the applicant qualified as a Sharpshooter with the M-16 rifle on 17 June 1970.  Therefore, his DD Form 214 should be corrected to show the appropriate marksmanship qualification badge.

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 26 of his DD Form 214 for the period ending
16 September 1975 the Vietnam Service Medal and the Republic of Vietnam Campaign Medal; and


	b. adding to item 26 of DD Form 214 for the period ending 16 September 1975 the:

* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar



      _________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)                                         AR20100026930



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026930



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1