IN THE CASE OF:	  

		BOARD DATE:	    29 September 2011

		DOCKET NUMBER:  AR20110006030 


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 on his DD Form 149 and attached post-it notes correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 April 1972 to show the Purple Heart, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.

   a.  He also requests that this DD Form 214 be corrected to show his date of entry on active duty as 12 August 1968 instead of 12 August 1969 and that his Vietnam service in item 30 (Remarks) read 12 February 1969 to 30 March 1970; and
   
   b.  that Headquarters, 25th Infantry Division General Orders Number 9769 show his social security number (SSN) as XX8-XX-XXXX instead of 
XX6-XX-XXXX.
  
2.  The applicant states, in effect, that the dates are incorrect.

3.  The applicant provides his DD Form 214 for the period ending 19 April 1972 and Headquarters, 25th Infantry Division General Orders Number 9769 with Purple Heart certificate.

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.  His military records show he enlisted in the Regular Army on 19 August 1968.  He completed training and he was awarded the military occupational specialty of stock control and accounting specialist.  He was promoted to the rank/grade of specialist five/E-5.

3.  Headquarters, 25th Infantry Division General Orders Number 9769, dated 26 July 1969, shows his SSN as XX6-XX-XXXX.  His DA Form 20 (Enlisted Qualification Record), DD Forms 214, and other documents in his military records containing an SSN show his SSN as XX8-XX-XXXX.

4.  He reenlisted for a period of 6 years on 12 August 1969.

5.  His DA Form 20 shows during his tour of duty in the Republic of Vietnam during the period of 16 February 1969 to 30 March 1970 he performed duties as:

   a.  a repair parts specialist while assigned to Company D, 4th Battalion, 23d Infantry, 25th Infantry Division during the period 22 February to 19 September 1969;

   b.  a clerk typist while assigned to Headquarters and Headquarters Company, 4th Transportation Command during the period 20-21 September 1969; and

   c.  a repairman parts specialist while assigned to the 124th Transportation Company during the period 22 September 1969 to 30 March 1970.

6.  He was discharged from active duty on 19 April 1972 under honorable conditions.

	a.  His DD Form 214 for the period ending 11 August 1969 shows the National Defense Service Medal and Vietnam Service Medal.

	b.  His DD Form 214 for the period ending 19 April 1972 shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Qualification Badge with Grenade Bar, and two overseas service bars.

	c.  His DD Form 215 (Correction to DD Form 214), dated 16 December 2003, shows the Purple Heart.  As such, the portion of his request related to the Purple Heart will not be discussed further in these proceedings.

7.  His DA Form 20 shows award of the Republic of Vietnam Campaign Medal that is not listed on the above separation documents.

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 campaigns:

* 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)

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 units to which the applicant was assigned, were cited for award of the: 

   a.  Meritorious Unit Commendation for the period 1 January 1968 to 31 December 1969 by Department of the Army General Order (DAGO) Number 24, dated 1972;
   
   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970, by Department of the Army General Order (DAGO) Number 5, dated 1973; and
   
   c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 to 21 January 1970, by DAGO Number 51, dated 1971.
   
10.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain a DD Form 214 for his initial period of active service of 19 August 1968 through 11 August 1969 and a second DD Form 214 covering the period following his reenlistment on 12 August 1969.  Evidence indicates each of these documents correctly show his active duty entry dates and his Vietnam service for the relevant period of service.  As such, there is no basis to change these dates on his DD Form 214 for the period ending 19 April 1972.

2.  His DA Form 20 shows he was awarded the Republic of Vietnam Campaign Medal that is not listed on his DD Form 214.  Therefore, he is entitled to have this award added to his DD Form 214 for the period ending 19 April 1972.

3.  He participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this award with these service stars.

4.  His units were cited for award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  Headquarters, 25th Infantry Division General Orders Number 9769, dated 26 July 1969, shows his SSN as XX6-XX-XXXX.  His DA Form 20, DD Forms 214, and other documents in his military records containing an SSN show his SSN as XX8-XX-XXXX.  As such, it appears the SSN was incorrectly transcribed on this order; therefore, it would be appropriate to amend this order to show his SSN as XX8-XX-XXXX.

6.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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 24 of his DD Form 214 for the period ending 11 August 1969 the Vietnam Service Medal and adding the Vietnam Service Medal with four bronze service stars;

	b.  adding to item 24 of his DD Form 214 for the period ending 19 April 1972
the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	c.  amending Headquarters, 25th Infantry Division General Orders Number 9769, dated 26 July 1969 to show his SSN as XX8-XX-XXXX.

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:

   a.  changing the date he entered active duty as currently shown on his DD Form 214 for the period ending 19 April 1972; and
   
   b.  changing the dates of his Vietnam service as currently shown on his DD Form 214 for the period ending 19 April 1972.




      _______ _   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)                                         AR20110006030



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ABCMR Record of Proceedings (cont)                                         AR20110006030



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