BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100029285


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 was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).  He also requests that his DD Form 214 be corrected to show he served in the Army from 25 January 1968 until 28 February 1973.

2.  The applicant states, in effect, that he has no separation document showing he served in the military from 25 January 1968 until 28 February 1973. 

3.  The applicant provides an SF Form 180 (Request Pertaining to Military Records).

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 25 January 1968.  He completed training as a light air defense artillery crewman.  

3.  He arrived in Vietnam on 20 June 1969 and was assigned to B Battery, 4th Battalion, 60th Artillery.  He participated in the Vietnam Summer - Fall 1969 Campaign, which extended from 9 June - 31 October 1969.

4.  The applicant departed Vietnam en-route to the U.S. on 28 September 1969.  He was released from active duty (REFRAD) on 27 February 1970, for the purpose of immediate reenlistment.  The DD Form 214 he received shows the following awards:

* Vietnam Service Medal
* National Defense Service Medal
* Expert Marksmanship Qualification Badge (Rifle M-14)
* Sharpshooter Marksmanship Qualification Badge (Rifle M-16)

5.  He reenlisted in the RA on 28 February 1970.  

6.  General Orders Number 13 were published on 26 January 1971, awarding the applicant the Army Good Conduct Medal for the period 25 January 1968 to 24 January 1971.

7.  On 12 February 1973, the applicant was discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  The DD Form 214 he received shows his service was undesirable and that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

8.  On 19 July 1977, the applicant’s undesirable discharge was upgraded to a general discharge under the Department of Defense Discharge Review Program (Special).  His DD Form 214 dated 12 February 1973 was voided and he was issued a new DD Form 214 dated 12 February 1973, which shows he is authorized the Expert Marksmanship Qualification Badge with Rifle Bar.

9.  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.  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.  It states that item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.

10.  Army Regulation 600-8-22 (Military Awards) 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

12.  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. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  

2.  He received a DD Form 214 to show his active duty service from 25 June 1968 to 27 February 1970, the date he was REFRAD for the purpose of immediate reenlistment.  He was properly issued a second DD Form 214 to show his active duty service from the date of his reenlistment on 28 February 1970 to 12 February 1973.  There is no evidence in the available records showing he served on active duty until 28 February 1973.  There is no basis for issuing him another DD Form 214.

3.  The applicant is not authorized the Republic of Vietnam Campaign with Device (1960) as he did not serve in Vietnam for 6 months.  This request should be denied.

4.  The Vietnam Service Medal, National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar are not shown on the applicant’s final DD Form 214.  He is also authorized additional awards and his DD Form 214 dated 12 February 1973 to show the following:

* Vietnam Service Medal with one bronze service star
* National Defense Service Medal
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

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 amending his DD Form 214 dated 12 February 1973 to show the following awards:

* Vietnam Service Medal with one bronze service star
* National Defense Service Medal
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

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 issuing him a DD Form 214 showing he served in the Army from 25 June 1968 through 28 February 1973 and is authorized the Republic of Vietnam Campaign Medal with Device (1960).  




      _______ _   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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100029285



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