BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110011449 


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 from December 1970 to March 1971 and completion of the:

* Drill Sergeant Course
* Noncommissioned Officer (NCO) Course
* Methods of Instruction Course

2.  The applicant states his service in Vietnam and the three courses he completed are not listed on his DD Form 214.

3.  The applicant provides two DD Forms 214 and three training 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.  The applicant's records show he was inducted into the Army of the United States on 17 November 1965 and he held military occupational specialties 11B (Light Weapons Infantryman) and 00R (Drill Sergeant).  He served in Vietnam from 21 July 1966 to 10 July 1967 while assigned to Company C, 1st Battalion, 22nd Infantry, 4th Infantry Division.

3.  He was discharged on 30 August 1967 for the purpose of immediate enlistment in the Regular Army.  He completed 1 year, 9 months, and 14 days of creditable active service during this period, 1 year of which was foreign service in Vietnam.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for the period ending 30 August 1967 shows the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Second Class Gunner [Marksman] Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal

5.  He enlisted in the Regular Army on 31 August 1967.  He served in Germany - U.S. Army Europe (USAREUR) from 5 June 1968 to 30 May 1970.  

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) contains the entry "1 October 1971, casual, en route to U.S. Army Pacific (USARPAC) - Vietnam"; however, there no indication of the dated of his arrival in and/or departure from Vietnam.

7.  A DA Form 87 (Certificate of Training) shows he successfully completed the NCO Course at the 8th Infantry Division NCO Academy from 5 May to 7 June 1969.

8.  An AJJNC Form 108-R (Diploma), dated 20 August 1971, shows he successfully completed the Drill Sergeant Course at the U.S. Army Training Center, Fort Jackson, SC, on 20 August 1971.

9.  He was honorably discharged on 30 May 1973.  He completed 5 years, 8 months, and 29 days of creditable active service during this period for a total of 7 years, 6 months, and 13 days of creditable active service.

10.  Item 24 of the DD Form 214 he was issued for the period ending 30 May 1973 shows the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal (2nd Award)

11.  Item 25 (Education and Training) of this form does not show the NCO Course, Drill Sergeant Course, or Methods of Instruction Course.

12.  A review of his record indicates entitlement to additional awards associated with his service in Vietnam.

13.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states 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, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 1st Battalion, 22nd Infantry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by Department of the Army General Orders (DAGO) Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970

15.  The applicant provides a DA Form 87, dated 12 November 1971, which shows he successfully completed the Methods of Instruction Course at the U.S. Army Training Center, Fort Polk, LA, on 12 November 1971.


16.  Army Regulation 635-5 (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.  The version in effect at the time of the applicant's release from active duty stated that for:

* item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized
* item 25, for enlisted personnel enter installation training courses, military correspondence courses, and off-duty courses which were successfully completed during the period covered by the DD Form 214
* item 30 (Remarks) for service in Vietnam only, enter inclusive dates of service, e.g., "Vietnam – 25 Apr 70-28 May 71"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from 21 July 1966 to 10 July 1967 which is not shown on his DD Form 214.  Therefore, his DD Form 214 for the period ending 30 August 1967 should be corrected to show this service.

2.  He successfully completed the NCO Course, Drill Sergeant Course, and Methods of Instruction Course which are not shown on his DD Form 214.  Therefore, his DD Form 214 for the period ending 30 May 1973 should be corrected to show this service.

3.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), Combat Infantryman Badge, Vietnam Service Medal, and Republic of Vietnam Campaign Medal during his first term of service which are not shown on his final DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 May 1973 to show these awards.

4.  He participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 30 May 1973 to show these bronze service stars.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First


Class Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 May 1973 to show these unit awards.

6.  With respect to his service in Vietnam from December 1970 to March 1971, there is insufficient evidence of the exact dates of departure to and return from Vietnam.  In the absence of additional evidence in the form of a permanent change of station order, temporary duty order, deployment order, or any other documents to confirm his dates of service, there is insufficient evidence to list his service in Vietnam on his second 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 by:

* amending his DD Form 214 for the period ending 30 May 1973 to add the NCO Course, Drill Sergeant Course, and Methods of Instruction Course to item 25 and to add the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

* amending his DD Form 214 for the period ending 30 August 1967 to add the entry "Vietnam – 21 Jul 66-10 Jul 67" to item 30

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 service in Vietnam from December 1970 to March 1971.



      ___________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)                                         AR20110011449



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ABCMR Record of Proceedings (cont)                                         AR20110011449



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