BOARD DATE:	  1September 2011

		DOCKET NUMBER:  AR20110003912 


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 the ending period of his service in Vietnam as 4 October 1972 instead of 4 October 1971.

2.  The applicant states, in effect, a typographical error was made in the preparation of his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* pages 3 and 4 of his 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 was inducted into the Army of the United States on 15 March 1971.  He completed training and he was awarded military occupational specialty 76A (supplyman).

3.  Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified:

* sharpshooter with the M-16 rifle on 16 April 1971
* expert with the hand grenade on 21 April 1971

4.  Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 25 January 1972 through 4 October 1972.  During his service in Vietnam he was assigned to the:

* 128th Signal Company  from 28 January through 24 February 1972
* 559th U.S. Army Pacific (no further designation given) from 25 February through 14 May 1972
* 526th Maintenance Company (Light Equipment Maintenance) from         17 May through 3 August 1972
* 91st Composite Service Battalion from 4 August  through 4 October 1972

5.  He was honorably released from active duty on 14 March 1973 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years of total active service.

6.  The DD Form 214 he was issued at the time shows in:

	a.  item 22c (Foreign and/or Sea Service) the entry "0  0  0," indicating no foreign service;

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

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medial with Device (1960)

	c.  item 30 (Remarks) the entry "VIETNAM SERVICE, 25 Jan 72 thru
4 Oct 91, INDOCHINA SERVICE, YES, KOREA SERVICE, NONE."

7.  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 for:

	a.  item 22c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USARV (U.S. Army Vietnam))."

	b.  item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.

	c.  item 30, indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive date of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  To show service in Vietnam only, enter "Vietnam - 25 Apr 70 through 28 May 71, Indochina - yes, Korea - no."

8.  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 two campaigns:

* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), 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, USARV, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows his service in Vietnam from 25 January 1972 through 4 October 1971; however, evidence shows he served in USARV from 25 January 1972 through 4 October 1972, which equates to 8 months and
10 days of foreign service.  Therefore, his DD Form 214 should be corrected accordingly.

2.  As a related issue, the applicant was awarded the Vietnam Service Medal; however, evidence shows he participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two 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. Headquarters, USARV, and its subordinate units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 22c of his DD Form 214 the entry "0  0  0" and replacing it with the entry "USARV – 0  8  10";

	b.  deleting from item 24 of his DD Form 214 Vietnam Service Medal;

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

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	d.  deleting from item 30 of his DD Form 214 the entry "VIETNAM SERVICE, 25 Jan 72 thru 4 Oct 71, INDOCHINA SERVICE, YES, KOREA SERVICE, 

NONE" and replacing it with the entry "Vietnam - 25 Jan 72 through 4 Oct 72, Indochina - yes, Korea - no."



      __________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)                                         AR20110003912



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ABCMR Record of Proceedings (cont)                                         AR20110003912



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