IN THE CASE OF:	  

		BOARD DATE:	    21 June 2011

		DOCKET NUMBER:  AR20110000326 


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 completion of 2 years and 30 days of foreign service in Vietnam and all awards and decorations.

2.  The applicant states item 22c (Foreign and/or Sea Service) shows completion of only 11 months and 29 days of foreign service in Vietnam when in fact he completed 2 years and 29 or 30 days of foreign service in Vietnam.  

3.  The applicant provides his DD Form 214 and DA Form 20 (Enlisted Qualification Record).

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's records show he enlisted in the Regular Army for 3 years on 1 July 1967 and held military occupational specialty 62B (Engineer Equipment Repairer).

3.  His records show he served in Vietnam from on or about 8 January 1968 to on or about 7 February 1970.  He was assigned to C Battery, 46th Engineer Battalion.

4.  He was honorably released from active duty on 7 February 1970 in the rank/grade of specialist five/E-5 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

5.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 11 months and 29 days of foreign service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the: National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Good Conduct Medal, and Army Commendation Medal.

7.  Item 30 of his DD Form 214 does not show any service in Vietnam.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states item 22c will show total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. USAREUR (U.S. Army Europe), USARPAC (U.S. Army Pacific), etc.  Furthermore, item 30 is used for Department of the Army mandatory requirements, when a separate block is not available, and as a continuation entry.

9.  A review of his records indicates his entitlement to additional awards which are not shown on his records.

10.  Special Orders Number 135, issued by Headquarters, 3rd Brigade, U.S. Army Training Center, Fort Ord, CA, on 9 August 1967 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 46th Engineer Battalion was awarded the following unit awards during its service in Vietnam:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 3 August 1967 to 9 February 1970, based on DAGO Number 43, dated 1970

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during the applicant's service in Vietnam, campaign participation credit was awarded for the below eight campaigns.  This regulation also states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star denotes five bronze service stars.

* 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
* 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

DISCUSSION AND CONCLUSIONS:

1.  With respect to his foreign service, he served in Vietnam from 8 January 1968 to 7 February 1970, a period of 2 years and 1 month.  His DD Form 214 inadvertently listed only 11 months and 29 days of foreign service in Vietnam.  Therefore, he is entitled to correction of item 22c of his DD Form 214 to show the correct foreign service.  Furthermore, the regulation required a listing in item 22c of the last overseas theater in which the foreign service was performed - USARPAC in his case.  Therefore, he is also entitled to correction of item 22c to show the last overseas theater. 

2.  At the time of his separation, there was no regulatory requirement to list service in Vietnam on the DD Form 214.  However, as an exception to policy and in the interest of clarity, there is no harm to the Army or the Soldier if his service in Vietnam is listed in item 30 of his DD Form 214.  

3.  General orders awarded his unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
4.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in eight campaigns while serving in Vietnam.  Therefore, he is entitled to a silver service star and three bronze service stars to be affixed to his 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 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:

* deleting from item 22c of his DD Form 214 the entry "0  11  29" and adding the entry "02  01  00 USARPAC" 
* adding to item 30 of his DD Form 214 the entry  "Vietnam Service 8 January 1968 - 7 February 1970" 
* Adding to item 24 of his DD Form 214 the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* A silver and three 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)                                         AR20110000326



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ABCMR Record of Proceedings (cont)                                         AR20110000326



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