IN THE CASE OF:	  

		BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110017113 


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) for the period ending 6 September 1974 to show the awards to which he is entitled and his overseas duty assignments.

2.  The applicant does not make any additional statements.

3.  He provides his DD Form 214 for the period ending 6 September 1974.

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 complete military record is unavailable for review; however, his reconstructed record contains sufficient information on which to base a fair and impartial decision.

3.  His available record shows he initially enlisted in the Regular Army on 12 December 1966 for a period of 2 years.  Upon completion of training he was awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver).  He served on active duty until he was honorably discharged on 5 July 1968 for the purpose of immediate reenlistment.  He attained the rank/grade of specialist four (SP4)/E-4 during his initial period of service.

4. On 7 March 1968, while in the Republic of Vietnam, the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military justice (UCMJ) for disobeying a lawful order issued by a noncommissioned officer on 4 March 1968.

5.  His DD Form 214 for the period ending 5 July 1968 shows in:

	a.  Item 22c (Foreign and/or Sea Service) he completed 11 months and
29 days of foreign and/or sea service in the Republic of Vietnam.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  His record shows he reenlisted in the Regular Army on 6 July 1968.

7.  General Orders Number 4316, issued by Headquarters, 1st Cavalry Division, dated 23 March 1970, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from
1 February to 28 February 1970.  These orders show he was assigned to Headquarters and Headquarters Troop, 1st Squadron, 9th Cavalry.

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

	a.  Item 22 (MOS) he was awarded MOS 67N (Utility Helicopter-1G Helicopter Repairman) on 9 March 1970.

	b.  Item 31 (Foreign Service) no entry (blank).

	c.  Item 38 (Record of Assignments) he was discharged on 7 September 1974, but does not show any prior record of his assignments.

9.  He was honorably discharged on 6 September 1974 in the rank/pay grade of SP4/E-4.  The DD Form 214 he was issued during this period of service shows in:

	a.  Item 22c (Foreign and/or Sea Service) he did not complete any foreign and/or sea service.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Air Medal

	c.  Item 27 (Remarks) shows the applicant was separated on temporary records and his affidavit.

10.  The applicant's available record is void of any definitive evidence showing the units to which he was assigned and the durations of his assignments as well as the precise time period(s) of his service in the Republic of Vietnam or any other overseas location.

11.  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 1st Squadron, 9th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 by Department of the Army General Order Number 42, dated 1972.

12.  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.  In establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The version of the regulation in effect at the time of the applicant's final discharge provided that for:

	a.  Item 18f (Foreign and/or Sea Service This Period), enter the total amount of foreign service completed during the period of active service covered by the DD Form 214.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), enter the awards and decorations awarded or authorized during the Soldier's entire Army service.

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  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 lists the 17 designated campaigns in Vietnam beginning on 15 March 1962 and ending on 28 January 1973.

DISCUSSION AND CONCLUSIONS:

1.  Regulatory guidance in effect at the time of the issuance of his DD Form 214 for the period ending 6 September 1974 required that awards and decorations awarded or authorized during the Soldier's entire Army service would be entered in Item 26 of the DD Form 214.  Therefore, the applicant's DD form 214 for the period ending 6 September 1974 should be corrected to show all of his awards and decorations.

2.  Although the applicant's available record is void of any definitive evidence showing the units to which he was assigned and the durations of his assignments as well as the precise time period(s) of his service in the Republic of Vietnam or any other overseas location, his record shows he accepted an Article 15 on
7 March 1968 while in the Republic of Vietnam for an offense he committed on
4 March 1968.  His record also contains general orders awarding him the Air Medal for meritorious service in the Republic of Vietnam during the period
1 to 28 February 1970.  Based on these confirmed dates in the Republic of Vietnam, he participated in at least the following two campaigns, 

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Winter – Spring 1970 (1 November 1969 - 30 April 1970)

Therefore, he is entitled to at least two bonze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  The applicant's unit in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Records during his period of assignment.  Therefore, his DD Form 214 for the period ending
6 September 1974 should be corrected to show this unit award.

4.  The applicant completed two periods of enlistment and he was issued a
DD Form 214 upon the completion of each period of service.  His DD Form 214 for the period ending 5 July 1968 shows he completed 11 months and 29 days of foreign service during this period of service.  Although records show he continued to serve in the Republic of Vietnam in February 1970, as supported by his Air Medal order, his record does not contain the specific dates of service in the Republic of Vietnam during the period covered by his DD Form 214 for the period ending 6 September 1974.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

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 adding to item 26 of his DD Form 214 for the period ending 6 September 1974 the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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 correcting his DD Form 214 for the period ending 6 September 1974 to show his foreign service.



      ____________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)                                         AR20110017113



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ABCMR Record of Proceedings (cont)                                         AR20110017113



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