IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110005550 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States report of Transfer or Discharge) for the period ending 24 July 1970 to delete the entry "NVAL (not available)" from the following Items and entering the correct date:

* Item 6 (Date of Rank)
* Item 17c (Date of Entry)
* Item 22c (Foreign and/or Sea Service)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized)
* Item 25 (Education and Training Completed)
* Item 26a (Non-Pay Periods Time Lost)
* Item 30 (Remarks) Republic of Vietnam (RVN) service

2.  He states that these Items should be corrected to confirm his service dates and Vietnam service.  He further states these errors were discovered while applying for Department of Veterans Affairs (DVA) benefits.

3.  He provides his DD Forms 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 was inducted into the Army of the United States on 24 July 1967.  He was honorably discharged on 28 July 1967 for the purpose of immediate enlistment in the Regular Army (RA).  He enlisted in the RA on 29 July 1967 for a period of 3 years.  He was honorably released from active duty on 24 July 1970.  He completed 2 years, 11 months, and 26 days of net service this period for 3 years and 1 day of total active service.

3.  The DD Form 214 for the period ending 24 July 1970 shows in:

* Item 5a (Grade, Rate or Rank) and 5b (Pay Grade) the entry Private (PVT)/E-1, respectively
* Item 6 the entry NVAL
* Item 17c the entry 29 July 1970
* Item 22c the entry (Foreign and/or Sea Service) USARPAC (U.S. Army Pacific) and NVAL
* Item 24 the National Defense Service Medal and NVAL
* Item 25 the entry NVAL
* Item 26a the entry NVAL
* Item 30 (Remarks) the entry RVN Service:  NVAL and "Enlisted Member separated on Temporary Records and the Soldier's Affidavit"

4.  His record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 29 July 1967, that shows he enlisted in the RA on 29 July 1967.

5.  On 11 July 1969, nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) was imposed against him for being absent without leave (AWOL) from 2 June 1969 to 3 July 1969, which equates to 32 days of lost time.

6.  On 7 May 1970, NJP was imposed against the applicant under Article 15, UCMJ, for assaulting another Soldier.  His punishment included a reduction to the rank/grade of private (PVT)/E-2, effective 7 May 1970.  There is no other documentation in his available record that shows he was reduced to PVT/E-1.  However, Special Orders Number 205, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 24 July 1970, show he was reassigned to the U.S. Army Reserve Control Group (Reinforcement) in the rank/grade of PVT/E-1.  However, this order does not list his date of rank.

7.  His DA Form 20 shows in:

* Item 27 (Military Education) the entry "Helicopter Mechanic, U.S. Army Transportation School (USATSCH), 13 weeks, 1968"
* Item 31 (Foreign Service) he served in USARPAC - Vietnam from 19 March 1968 through 15 March 1969 and from 12 November 1969 through on or about 14 July 1970
* Item 38 (Record of Assignments) he was:

* assigned to the 402nd Transportation Detachment, RVN from 25 March 1968 through 20 January 1969
* assigned to the 179th Aviation Company, RVN from 21 January through 12 March 1969
* assigned to Headquarters and Headquarters Company, 159th Aviation Battalion, RVN from 22 November 1969 to 16 July 1970

* Item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Aircraft Crew Member Badge (currently known as the Basic Aviation Badge)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-14)

* Item 44 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal Date of Expiration Term of Service) no entry

8.  Army Regulation 635-5 (Separation Documents) in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  Section III instructed the preparer to enter the total period of active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed, e.g., "(USARPAC)" in Item 22c.  Also, enter inclusive dates of service in Item 30, example:  "Vietnam - 25 April 1970 to 28 May 1971."

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  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.

10.  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.  A silver service star is worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following eight campaigns:

* Tet Counteroffensive (30 January 1968-1 April 1968)
* 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 (23 February 1969-8 June 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May1970-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

11.  Army Regulation 635-5 states to enter installation training courses (qualification courses) military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared.

12.  Army Regulation 635-5 states to enter in Item 26a the inclusive dates of non-pay periods/time lost during the preceding 2 years.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided any to show his date of rank.  The evidence of record shows that the last order he received, dated 24 July 1970, the date of his discharge, reassigned him to the U.S. Army Reserve in the rank/grade of PVT/E-1.  This order does not show his date of rank.  Therefore, in the absence of documentation to verify his date of rank to PVT, there is an insufficient evidentiary basis for changing the current entry in Item 6 of his DD Form 214 for the period ending 24 July 1970.

2.  It appears an error in Item 17c occurred during the preparation of the applicant's DD Form 214.  He could not have entered the RA on 29 July 1970 and been , released from active duty on 24 July 1970.  Furthermore, his DD Form 4 verifies he enlisted in the RA on 29 July 1967.  Therefore, Item 17c should be corrected to show his date of entry as 29 July 1967 instead of 29 July 1970.

3.  The evidence of record shows the applicant served in Vietnam from 19 March 1968 to 13 March 1969 and from 12 November 1969 to 16 July 1970.  He served a period of 11 months and 23 days on his first tour and 8 months and 5 days on his second tour for a total of 1 year, 8 months, and 25 day of total foreign service. 
Therefore, his DD Form 214 for the period ending 24 July 1970 should be corrected to show his RVN period of service in Item 22c and Item 30 of his DD Form 214.

4.  The applicant's DA Form 20 shows he was awarded the Basic Aviation Badge, RVN Campaign Medal with Device (1960), Army Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 for the period ending 24 July 1970 should be corrected to show these awards.

5.  His DA Form 20 also shows he was awarded the VSM.  Evidence shows he participated in eight campaign phases during his two tours of service in Vietnam.  Therefore, he is entitled to the VSM with one silver service star and three bronze service stars and correction of his DD Form 214 to show this award.

6.  All units in Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  His DA Form 20 shows that he successfully completed the Helicopter Mechanic Course.  Therefore, his DD Form 214 should be corrected to show this course.

8.  Although the applicant's time lost is not listed on his DD Form 214 or his DA Form 20, his record shows he received NJP for being AWOL from 2 June 1969 to 3 July 1969.  Therefore, his DD Form 214 for the period ending 24 July 1970 should be corrected to show his period of time lost from 2 June-3 July 1969.

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:

	a.  deleting from Item 17c of his DD Form 214 for the period ending 24 July 1970 the entry "29 July 1970" and replacing it with the entry "29 July 1967";

	b.  deleting from Item 22c of his DD Form 214 for the period ending 24 July 1970 the entry "NVAL" and replacing it with the entry "1  8  25";

	c.  deleting from Item 24 of his DD Form 214 for the period ending 24 July 1970 the entry "NVAL" and the:

* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star and three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960).
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Basic Aviation Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

	d.  deleting from Item 25 of his DD Form 214 for the period ending 24 July 1970 the entry "NVAL" and replacing it with the entry "Helicopter Mechanic, U.S. Army Transportation School (USATSCH), 13 weeks, 1968";

	e.  deleting from Item 26a of his DD Form 214 for the period ending 24 July 1970 the entry "NVAL" and replacing it with the entry "2 June - 3 July 1969"; and

	f.  deleting from Item 30 of his DD Form 214 for the period ending 24 July 1970 the entry "RVN Service:  NVAL" and replacing it with the entry "Vietnam:  19 March 1968-15 March 1969 and 12 November 1969-14 July 1970."

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 correcting his date of rank in Item 6 of his DD Form 214 for the period ending 24 July 1970.



      ___________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)                                         AR20110005550



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ABCMR Record of Proceedings (cont)                                         AR20110005550



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