IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110009820 


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 reflect his service in Vietnam and all associated awards. 

2.  He states he was assigned with the 23rd Infantry Division (Americal) in Chu Lai, Vietnam, and he deserves recognition for the time he served in a combat zone.

3.  The applicant provides copies of various orders. 

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’s records are incomplete.  However, the applicant submitted sufficient documents for which the ABCMR may conduct a fair and impartial review of this case.  

3.  His record shows he enlisted in the Regular Army on 31 March 1970 and after the completion of training, he served in military occupational specialty 64A (Light Vehicle Driver).  

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company B, 23rd Supply and Transport Battalion, 23rd Infantry Division (Americal), Vietnam from 30 August 1970 through 31 August 1971. 

5.  He provided Special Orders Number 67, dated 8 March 1971, and General Orders Number 08224, dated 21 July 1971.  Both documents show the orders issuing authority as Headquarters, 23rd Infantry Division.  These orders also show he was promoted to the grade of specialist four/E-4 and was awarded the Army Commendation Medal (ARCOM) for his service in Vietnam from 1 August 1970 through 30 June 1971.

6.  His records are absent documentation showing the date he actually departed Vietnam; however, he was administered nonjudicial punishment (NJP) on 30 July 1971 while in Vietnam.

7.  On 5 May 1972, he was discharged under honorable conditions after completing 2 years and 2 days of total active service.  His DD Form 214 shows the following:

	a.  Item 22c (Foreign and/or Sea Service) "0 Years 0 Months 0 Days;"

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he received the National Defense Service Medal; and

	c.  Item 30 (Remarks) does not reflect his service in Vietnam. 

8.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam (RVN) 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 for service in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment to Company B, 23rd Supply and Transport Battalion, 23rd Infantry Division (Americal), Vietnam, his unit was awarded the Meritorious Unit Commendation (MUC) for the period 1 February to 27 November 1971 by Department of the Army General Orders 32, dated 1973.   

11.  Army Regulation 600-8-22 (Military Awards) states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

12.  Army Regulation 600-8-22 also states the Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

13.  The same regulation states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  Two designated campaigns coincide with the applicant's period of service in the RVN:

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

14.  Change Number 15 to Army Regulation 635-5 (Separation Documents), effective 15 March 1972, changed the regulation to indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates for Vietnam and
indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects service in Vietnam only, enter "Vietnam (Dates) Indochina - yes, Korea - no." 

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the ARCOM for his period of service in Vietnam from 1 August 1970 through 30 June 1971.  His records show he received NJP 


on 30 July 1971 while serving in Vietnam.  As a result, item 24 and item 30 of his DD Form 214 should be amended to add the ARCOM and reflect 1 year of service in Vietnam from 1 August 1970 to 31 July 1971.  

2.  General orders awarded the applicant’s unit the MUC and RVN Gallantry Cross with Palm Unit Citation during his tour of duty in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 

3.  His service in Vietnam also entitles him to award of the RVN Campaign Medal with Device (1960) and the VSM with two bronze service stars and to have these awards added to his DD Form 214. 

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 amending his DD Form 214 by:

   a.  deleting the current entry in item 22c and replacing it with "1 Years 0 Months 0 Days;"
   
   b.  adding to item 24 the following awards:

* ARCOM
* MUC
* RVN Gallantry Cross with Palm Unit Citation 
* RVN Campaign Medal with Device (1960) 
* VSM with two bronze service stars; and




	c.  adding to item 30 the entry “Vietnam 1 Aug 1970 – 31 Jul 1971, 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)                                         AR20110009820





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110009820



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1