IN THE CASE OF:	  

		BOARD DATE:  12 January 2012

		DOCKET NUMBER:  AR20110014496 


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, in effect, 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 of his authorized awards.

2.  The applicant states he was separated on temporary records at the time of his discharge and his DD Form 214 does not reflect his service in Vietnam or his awards.

3.  The applicant provides copies of orders; a letter from the Michigan Department of Military Affairs; a letter from his Congressional representative; a letter from the Chief of Staff, Fort Riley, Kansas; his DD Form 214; and his Bronze Star Medal Certificate.

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 enlisted in the Michigan Army National Guard on 28 November 1962 for a period of 3 years.  He was ordered to initial active duty training from 8 December 1962 to 7 June 1963.

3.  On 16 September 1963, he enlisted in the Regular Army for a period of 3 years.  He was initially assigned to an artillery battery in Chicago, Illinois, for duty as light vehicle driver.

4.  On 6 April 1964, he was transferred to Hawaii for duty as a light truck driver.  On 13 December 1964, he was honorably discharged for the purpose of immediate reenlistment.  On 14 December 1964, he reenlisted for a period of 6 years and training as an automotive repairman.  He departed Hawaii on 4 January 1966 to attend school at Aberdeen Proving Ground, Maryland.

5.  On 6 December 1966, he was transferred to Vietnam for assignment to the 27th Maintenance Battalion.  He remained in Vietnam until 7 July 1968 when he was transferred to Fort Carson, Colorado.

6.  He was discharged under other than honorable conditions on 22 December 1969.  He completed 5 years, 11 months, and 26 days of active service and he was separated on temporary records and a Soldier's affidavit.  His DD Form 214 issued at the time of his discharge shows no foreign service, no awards, and no education and training completed.

7.  A review of the applicant's records shows:

* he served 3 years, 5 months, and 2 days of foreign service
* he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar
* he was awarded the National Defense Service Medal (NDSM)
* he was awarded the Bronze Star Medal (BSM) in General Orders Number 4762 issued by Headquarters, 1st Cavalry Division, dated 14 June 1968.
* he was awarded the Republic of Vietnam Campaign Medal with Device (1960)
* he was awarded the Vietnam Service Medal with one silver service star
* he completed the 14-week 63H (Automotive Repairman) course in 1966
* he served in Vietnam from 6 December 1966 to 7 July 1968 and participated in five campaigns

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was cited for the award of the Meritorious Unit Commendation (MUC) and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 is incomplete has been noted and appears to have merit.

2.  The applicant served 3 years, 5 months, and 2 days of foreign service and he served in Vietnam from 6 December 1966 to 7 July 1968.  He is entitled to have this information reflected on his DD Form 214.

3.  He was awarded the BSM, NDSM, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), and Marksman Marksmanship Qualification Badge with Rifle Bar.  Additionally, his unit was awarded the MUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Accordingly, he is entitled to have these awards added to his DD Form 214.

4.  He also completed the 14-week 63H course in 1966 and is entitled to have this 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 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.  adding the entry "3 years, 5 months, and 2 days" to block 22c (Foreign and/or Sea Service) of his DD Form 214 for the period ending 22 December 1969;

	b.  adding awards of the BSM, NDSM, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bar to block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or authorized) of his DD Form 214 for the period ending 22 December 1969;

	c.  adding the entry "63H AUTOMOTIVE REPAIRMAN COURSE – 14 WEEKS – 1966" to block 25 of his DD Form 214 for the period ending 22 December 1969; and

	d.  adding the entry "SERVICE IN VIETNAM FROM 6 DECEMBER 1966 TO 9 JULY 1968" to block 30 of his DD Form 214 for the period ending 22 December 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)                                         AR20110014496



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ABCMR Record of Proceedings (cont)                                         AR20110014496



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