IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110007943


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 1 July 1969 to show in:

* item 10c (Date Inducted) he was inducted on 17 December 1965
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal
* item 30 (Remarks) his enlisted service number of "US 5x 5xx 1xx"

2.  The applicant states he was inducted on 17 December 1965.  After basic training at Fort Hood, TX, he went to the Officer Candidate School (OCS).

3.  The applicant provides his DD Form 214.

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
17 December 1965 for a period of 2 years.  He was assigned to Fort Hood for basic training and Fort Sill, OK for advanced individual training.  He then attended the U.S. Army Artillery and Missile OCS at Fort Sill.

3.  After finishing as the Distinguished Military Graduate of Artillery and Missile OCS Class Number 2-67, the applicant was honorably discharged on 16 January 1967 to accept a commission as an officer in the U.S. Army Reserve (USAR).  He completed 1 year and 1 month of total active service during this period.  The DD Form 214 for the period ending 16 January 1967 shows in:

* item 2 (Service Number) the entry "US 5x 5xx 1xx" [his enlisted service number]
* item 16 (Date of induction) the entry "17 Dec 65"
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  On 17 January 1967, he was appointed as a USAR field artillery second lieutenant with concurrent call to active duty.  He was promoted to first lieutenant on 17 January 1968.  He was honorably released from active duty (REFRAD) on 1 July 1969 at the expiration of his active duty commitment.  He completed 2 years, 5 months, and 15 days as an officer for 3 years, 6 months, and 15 days of total active service.  The DD Form 214 he was issued at the time shows in:

* item 2 (Service Number) the entry "0x 4xx 0xx" [his officer service number]
* item 10c the entry "NA" for Not Applicable
* item 24 the:

* Bronze Star Medal (1st oak leaf cluster (OLC))
* Air Medal (2nd OLD)
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal


* Republic Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

5.  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:

	a.  the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

	b.  that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the
DD Form 214.  Each entry will be verified by the Soldier’s records.

6.  There is no provision of regulation that provides for annotating an enlisted service number on an officer's DD Form 214.

7.  As a related issue, review of the applicant's record indicates entitlement to additional awards and decoration that are not shown on his DD Form 214.

8.  The applicant's DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 10 July 1968 to 26 June 1969.  During his service in Vietnam he was assigned to 1st Battalion, 7th Artillery, 1st Infantry Division.

9.  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 four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

10.  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, 7th Artillery, 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 12 July 1965 through 7 April 1970 by Department of the Army General Order Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his date of induction, his enlisted service number, and his Army Good Conduct Medal be added to his DD Form 214 for the period ending 1 July 1969.

2.  The applicant had two periods of active service, the first as an enlisted Soldier and the second as a commissioned officer, for which he was issued two separate DD Forms 214.

3.  The applicant was inducted into the Army of the United States as an enlisted Soldier on 17 December 1965.  This is appropriately shown in item 16 (Date Inducted) of his DD Form 214 for the period ending 16 January 1967.  There is no provision for carrying over his induction date to a subsequent DD Form 214.  Therefore, there is no basis for granting this portion of his request.

4.  The applicant was awarded the Army Good Conduct Medal (1st Award) as an enlisted Soldier.  The governing Army regulation provides for entering awards and decorations for all periods of service on the DD Form 214.  Therefore, his DD Form 214 for the period ending 1 July 1969 should be corrected to show the Army Good Conduct Medal (1st Award) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  The applicant participated in four campaign phases 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 for the period ending 1 July 1969 to show these bronze service stars.

6.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 for the period ending   1 July 1969 to show this unit award.

7.  The applicant was assigned an officer service number which is properly shown on his DD Form 214 for the period ending 1 July 1969.  There is no provision of regulation that provides for annotating an enlisted service number on an officer's DD Form 214.  Therefore, there is no basis for granting this portion of his request.

8.  A copy of his enlisted DD Form 214 will be provided to the applicant with these Proceedings.

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 1 July 1969 the Vietnam Service Medal, and

	b.  adding to item 24 of his DD Form 214 for the period ending 1 July 1969 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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 adding his enlisted induction date and service number to his DD Form 214 for the period ending 1 July 1969.



      ____________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)                                         AR20110007943



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ABCMR Record of Proceedings (cont)                                         AR20110007943



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