IN THE CASE OF:	

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110010290 


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 show his service in Vietnam.

2.  The applicant states he served in Vietnam with a transportation unit; however, his DD Form 214 does not reflect his Vietnam service.

3.  The applicant provides a copy of his DD Form 214 and a page from his 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's records, though somewhat incomplete, show he was inducted into the Army of the United States in Buffalo, NY, on 7 July 1969.  He completed basic training at Fort Jackson, SC, and advanced individual training as a unit supply specialist at Fort Lee, VA, before receiving orders for assignment to Vietnam.

3.  It appears the applicant lost his records between the time he departed Vietnam and reported to his new duty station at Fort Ord, CA.  However, it appears he was transferred to Vietnam in December 1969 and was assigned to the 20th Transportation Company.

4.  Documents contained in his records show he was advanced to pay grade E-4 on 23 July 1970 and nonjudicial punishment was imposed against him at Cu Chi Base Camp on 21 September 1970.

5.  He departed Vietnam in December 1970 and he was transferred to Fort Ord where he remained until he was honorably released from active duty (REFRAD) on temporary records on 20 July 1971.  He completed 2 years and 4 days of active service.

6.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 issued at the time of his REFRAD reflects the entry "00  00  00," indicating no foreign service or any service in Vietnam.  Additionally, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) reflects no awards for his service in Vietnam.

7.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal 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.  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 three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

8.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam 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.

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 20th Transportation Company, the unit to which the applicant was assigned, was cited for award of the:

* Meritorious Unit Commendation for the period 1 November 1968 through 31 January 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 19780 by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 21 January 1970 by DAGO  Number 51, dated 1971

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, 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 for:

	a.  item 22c, enter the total active duty outside the continental limits of the United States for the period covered by the DA Form 214 and the last overseas theater in which service was performed, e.g., "Foreign and/or Sea Service (USARV) [U.S. Army, Vietnam]."

	b.  item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein,

DISCUSSION AND CONCLUSIONS:

1.  While the exact dates the applicant served in Vietnam cannot be determined with any degree of certainty, it appears he served in Vietnam from December 1969 to December 1970.

2.  Accordingly, item 22c of his DD Form 214 should be corrected to show he served 1 year of foreign service in Vietnam from December 1969 to December 1970.
3.  Additionally, based on his service in Vietnam he is entitled to the following awards and correction of his DD Form 214 to show these awards:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  deleting from item 22c of his DD Form 214 the entry "00  00  00" and replacing it with the entry "USARV  01  00  00";

	b.  adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	c.  adding to item 30 (Remarks) the entry "SERVICE IN VIETNAM FROM DECEMBER 1969 TO DECEMBER 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)                                         AR20110010290



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ABCMR Record of Proceedings (cont)                                         AR20110010290



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