IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100027225


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) for the period ending 30 May 1969 to show his date of entry into military service as 27 October 1967 and his dates of service in Vietnam as 15 May 1968-15 May 1969.

2.  The applicant states his date of entry into military service was 27 October 1967 and he served in Vietnam from 15 May 1968 through 15 May 1969.

3.  The applicant provides:

* DD Form 214 for the period ending 30 May 1969
* DD Form 214 for the period ending 8 November 1973
* National Personnel Records Center Certification of Military Service
* State of Illinois Department of Veterans Affairs (VA) Form 200

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 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 was inducted into the Army of the United States on 27 October 1967.  He completed training and was awarded military occupational specialty 31M (Radio Relay and Carrier Attendant).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from May 1968 to May 1969.

4.  On 30 May 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  His DD Form 214 shows he completed 1 year, 7 months, and 4 days of active service.

	a.  Item 22c (Foreign and/or Sea Service) shows he completed 1 year and 30 days of foreign service in the U.S. Army Pacific (USARPAC) theater of operations.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) among other awards.

5.  On 7 April 1971, he enlisted in the Regular Army for a 3-year term.  Item 49 (Prior Service) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he had prior service from 27 October 1967 through 30 May 1969.

6.  On 8 November 1973, he was discharged under honorable conditions.  Item 30 (Remarks) of his DD Form 214 for this period contains the entry, "RVN OTHER ENL 15 MAY 68/15 MAY 69 INDO YES KOREA NO."

7.  He provides two DD Forms 214, a Certification of Military Service, and a State of Illinois VA Form 200 which appears to be a transmittal document.

8.  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 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.  Section III of the version in effect at the time provided that:

	a.  item 10c (Date Inducted) was used to show the date a Soldier was inducted.

	b.  item 22c was used to show the total active duty performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., USARPAC, etc.); and

	c.  item 30 was used for Department of the Army mandatory requirements when a separate block was not available or as a continuation entry for other blocks.

9.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

10.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by Department of the Army General Orders Number 54, dated 1974.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal and states 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, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 for the period ending 30 May 1969 to show his date of entry into military service as 27 October 1967 and his dates of service in Vietnam as 15 May 1968-15 May 1969 was carefully considered and was found to have merit.

2.  The evidence of record shows he was inducted into the Army of the United States on 27 October 1967; therefore, he is entitled to correction of his DD Form 214 for the period ending 30 May 1969 to show this date.

3.  His DD Form 214, for the period ending 8 November 1973, identifies his dates of service in Vietnam.   Therefore, it would be appropriate to amend item 30 of his first DD Form 214, for the period ending 30 May 1969, to show his dates of service in Vietnam. 

4.  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.

5.  Records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 30 May 1969 as follows:

	a.  amend item 10c to show "27 OCT 67" and

	b.  amend item 30 to add "RVN OTHER ENL 15 MAY 68/15 MAY 69 INDO YES KOREA NO."

amend item 24 to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




      ___________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)                                         AR20100017975



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ABCMR Record of Proceedings (cont)                                         AR20100027225



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