IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20110000375 


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 16 June 1970 to show one award of the Republic of Vietnam Campaign Medal with Device (1960) instead of two awards of the Vietnam Service Medal (VSM).  He also requests correction of this DD Form 214 to show his prior service in the U.S. Navy (USN) and the U.S. Naval Reserve (USNR).

2.  The applicant states:

* Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 16 June 1970 shows the entry "VSM" twice
* One entry should be the Republic of Vietnam Campaign Medal with Device (1960)
* Item 22a(2) (Other Service) of this DD Form 214 of his DD Form 214 for the period ending 16 June 1970 shows the entry "None" but it should show he served a total of 1 year, 11 months, and 17 days of other service
(9 months in the USNR and 1 year, 2 months, and 17 days in the USN)

3.  The applicant provides:

* his DD Form 214 for the period ending 16 June 1970


* a DD Form 215 (Correction to DD Form 214), dated 30 March 2000 (correction of his social security number)
* DD Form 214 for the period ending 26 November 1965

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 USNR on 13 November 1963.  He was discharged from the USNR on 12 August 1964 and he enlisted in the USN on 
13 August 1964.  He was discharged from the USN on 26 November 1965 after completing a total of 1 year, 11 months, and 17 days of total service.

3.  He was inducted into the Army of the United States on 3 June 1968.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).   He arrived in Vietnam on 16 June 1969.  He served as a light weapons infantryman assigned to Company C, 1st Battalion, 501st Infantry in Vietnam from 23 July 1969 to 12 June 1970.  On 16 June 1970, he was released from active duty and he was transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

4.  Items 22a(1) (Net Service This Period) and 22a(3) (Total) of his DD Form 214 for the period ending 16 June 1970 show he completed 1 year and 8 months.   Item 22a(2) of this DD Form 214 shows the entry "None."  Item 24 of this DD Form 214 shows the:

* NDSM [National Defense Service Medal]
* ARCOM [Army Commendation Medal]
* VSM
* VSM
* Air Medal
* BSM [Bronze Star Medal]
* CIB [Combat Infantryman Badge]
* 2 O/S BARS (overseas service bars)

5.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as an "expert" with the M-14 rifle in August 1968.  

6.  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 Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)

7.  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.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, 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 for enlisted personnel, enter all prior service excluding any service shown in item 22a(1) (Net Service This Period).  

9.  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 1st Battalion, 501st Infantry, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by Department of the Army General Order Number 48, dated 1971.

10.  Department of the Army Pamphlet 672-3, 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.

DISCUSSION AND CONCLUSIONS:

1.  He contends the entry "None" in item 22a(2) of his DD Form 214 for the period ending 16 June 1970 is incorrect.  Evidence shows he completed 1 year, 11 months, and 17 days of total service in the USNR and USN prior to his induction in the Army of the United States.  Therefore, item 22a(2) of his
DD Form 214 for the period ending 16 June 1970 should be corrected to show this other service.  In addition, item 22a(3) of this DD Form 214 should be corrected to show he completed a total of 3 years, 7 months, and 17 days.

2.  His contention that one of the "VSM" entries in item 24 of his DD Form 214 for the period ending 16 June 1970 should be the Republic of Vietnam Campaign Medal with Device (1960) was considered and determined to have merit.  Item 24 of this DD Form 214 shows two entries of the "VSM."  He completed a qualifying period of service in Vietnam for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award in lieu of one of the VSM awards.

3.  He also participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded VSM.  Therefore, he is entitled to correction of his DD Form 214 to show these bronze service stars.

4.  Evidence shows his unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period
18 March 1968 through 2 May 1970.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  All units in Vietnam during the time of the applicant's service were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 16 June 1970 to show this unit award.

6.  Evidence shows he qualified as an expert with the M-14 rifle.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 16 June 1970 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).


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 22a(2) of his DD Form 214 for the period ending
16 June 1970 the entry "None" and replacing it with the entry "1  11  17";

	b.  deleting from item 22a(3) of his DD Form 214 for the period ending 
16 June 1970 the entry "1  8  0" and replacing it with "3  7  17"; 

	c.  deleting from item 24 of his DD Form 214 for the period ending 16 June 1970 both entries of the VSM; and

	d.  adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)




      ___________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)                                         AR20110000375



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ABCMR Record of Proceedings (cont)                                         AR20110000375



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