IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110007984 


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), dated 10 February 1970, to show that he:

* held the rank of specialist four (SP4) and pay grade E-4
* was discharged in 1972
* completed 24 months of active duty (AD) service; 12 of those months in the Republic of Vietnam (RVN)
* was awarded two awards of the Bronze Star Medal (BSM) and Army Commendation Medal (ARCOM)

2.  He states when he was discharged he did not review his DD Form 214 and as a result, did not see the obvious mistakes.  However, his father kept all of the necessary information.

3.  He provides:

* DD Form 214, dated 10 February 1970 
* Orders
* Certificates

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.  He submitted a DD Form 214, dated 10 February 1970, that shows he was inducted into the Army of the United States on 4 February 1970 and discharged on 9 February 1970 in order to enlist in the Regular Army (RA).  Item 22b (Total Active Service this Period) of this DD Form 214 shows he served for 6 days.

3.  He enlisted in the RA on 10 February 1970.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) - he served in the RVN from 2 September 1970 to 1 September 1971;

	b.  Item 38 (Record of Assignments) - he was assigned to Headquarters and Headquarters Detachment, 523rd Signal Battalion from 2 October 1970 to 4 June 1971; 

	c.  Item 38 he was assigned to A Company, 523rd Signal Battalion from 5 June 1971 to 27 August 1971; 

	d.  Item 38 he had all "excellent' conduct and efficiency ratings; and 

   e.  Item 41 (Awards and Decorations) shows the NDSM, VSM, RVNCM with "1960" Device, one Overseas Service Bar, and two awards of the BSM.

5.  He was honorably released from AD on 13 January 1972 and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows in:

   a.  item 5a/b (Grade/Rate/Rank) and (Pay Grade) - he was a SP4/E-4;
   
   b.  item 11d  (Effective Date) - he was released from AD effective 13 January 1972; and 

	c.  item 22a ((1) (Net Service This Period) - he served for 1 year, 11 months, and 4 days;

	d.  item 22a (2) (Other Service) - he had 6 days of other service;

	e.  item 22b (Total Service) - he served for a total of 1 year, 11 months, and 10 days, 

   f.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons, Awarded or Authorized) - he was awarded the National Defense Service Medal (NDSM), BSM with 1st oak leaf cluster (second award), RVN Campaign Medal (RVNCM) with "1960" Device, and Vietnam Service Medal (VSM) with 1 bronze service star; and
   
   g.  item 30 (Remarks) - shows he served in the RVN from 2 September 1970 to 1 September 1971.

6.  His official military record contains and he submitted General Orders Number 08728, issued by Headquarters, 23th Infantry Division on 5 August 1971 awarding him the ARCOM.

7.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 20 July 1965 to 28 March 1973, by General Orders Number 8, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  It states, in pertinent part, 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 the RVN, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the ARCOM.  Therefore, he is entitled to have his record corrected to show this award.

2.  The available evidence confirms the applicant served in the Army from 
4 February 1970 to 13 January 1972.  His records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information that would have disqualified the applicant from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

3.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit citation.

4.  Records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these service stars.

5.  The applicant's record contains and he submitted a DD Form 214, dated 10 February 1970, which shows he was initially inducted into the Army of the United States for a period of 6 days.  None of the requested corrections are authorized on that DD Form 214.

6.  His record also shows he enlisted and served on AD for a 1 year, 11 months and 4 days for a combined total of 1 year, 11 months, and 10 days of AD service. There is no evidence nor did he submit any evidence that shows he served on AD for 2 years.  As a result, he is not entitled to a correction of his period of service on AD.  

7.  His 1972 DD Form 214 also already shows his rank as SP4 and that he has two BSMs.

8.  The applicant will be provided a copy of his 1972 DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 February 1970 to 13 January 1972;

b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214,
dated 13 January 1972;
		
   c.  adding the Army Commendation Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214, dated 13 January 1972; and
   
   d.  providing him a copy of his DD Form 214, dated 13 January 1972, and a corrected copy of this DD Form 214.

2.  The Board further determined 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 the correction of item 22b of his DD Form 214, dated 13 January 1972, to show he served for a total of 2 years on active duty or that pertains to any corrections on his 10 February 1970 DD Form 214.

      
      
      _______ _   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)                                         AR20110007984



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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