IN THE CASE OF:	  

		BOARD DATE:	  26 April 2012

		DOCKET NUMBER:  AR20110018768 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was inducted on 13 May 1965 and served continuously until he was released from active duty (REFRAD) on 31 January 1968 without a break in service.

2.  The applicant states, in effect, that his DD Form 214 block 17b (Term of Service), block 17c (Date of Entry), and block 22c (Total Foreign Service) incorrectly reflects his service.  He goes on to state that initially he was a draftee and he had a service number with a “US” prefix when he volunteered to extend for an additional 9 months of active service in Vietnam and his prefix was changed to "ER."  He continues by stating that under the Selective Service Act a draftee could not serve longer than 2 years without Congressional authorization.  An administrative change occurred in May 1967 to accommodate this requirement.  

3.  The applicant provides a copy of orders, dated 13 January 1967, showing he was REFRAD on 12 May 1967 and ordered to active duty on 13 May 1967 for a period of 9 months.  His expiration term of service (ETS) date was established as 
12 February 1968.  He also provides a copy of orders, dated 27 February 1967, transferring him to Vietnam. 

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 was inducted in Philadelphia, Pennsylvania on 13 May 1965.  He completed basic training at Fort Jackson, South Carolina, advanced individual training as an intermediate speed (IS) radio operator at Fort Ord, California, and airborne training at Fort Benning, Georgia before being transferred to Fort Bragg, North Carolina to undergo Special Forces (SF) training.  

3.  He completed 21 weeks of SF training and he was awarded the special skill qualification identifier (SQI) of “S.”  He remained at Fort Bragg and he was assigned to Company A, 7th SF Group on 15 June 1966.  He was promoted to the rank of sergeant (SGT) in military occupational specialty (MOS) 05B4S on 
18 November 1966.

4.  On 13 January 1967, Special Orders Number 9 published by 7th SF Group show the applicant was REFRAD on 12 May 1967 and ordered to active duty as an Enlisted Reservist (ER) on 13 May 1967 for a period of 9 months.  His ETS date was established as 12 February 1968.  His records show no evidence that a DD Form 214 was issued at the time.

5.  The applicant departed for Vietnam on 24 January 1967 and arrived on 28 February 1967 for assignment to Company B, 5th SF Group.

6.  The available evidence shows he was issued a new identification (ID) card as an ER in November 1967.

7.  He served in two campaigns before he departed Vietnam on 28 January 1968 and was transferred to Oakland Army Base, California where he was honorably REFRAD as an overseas returnee on 31 January 1968.  He had served 2 years, 8 months, and 19 days of active service and 11 months and 1 day of foreign service.  However, the DD Form 214 issued at the time of his REFRAD shows he had served 8 months and 23 days of active service this period in block 22a(1).  It also shows in block 22a(2) that he had 2 years of other service and block 
22a (3) and block 22b show a total of 2 years, 8 months, and 23 days of total active service.  Block 22c shows that he had served 8 months and 18 days of foreign service.

8.  On 19 February 1968, General Orders Number 743 issued by Headquarters, United States Army Vietnam awarded the applicant the Soldier’s Medal for heroism not involving actual conflict with an armed enemy on 31 October 1967.

9.  On 19 March 1968, General Orders Number 267 issued by Headquarters, 
5th SF Group awarded the applicant the Bronze Star Medal for meritorious service from 2 March 1967 to 3 February 1968.

10.  On 29 March 1973, the Office of the Adjutant General issued the applicant a DA Form 1577 authorizing the issuance of medal sets for the Army Good Conduct Medal and Vietnam Service Medal (VSM) with two bronze service stars.

11.  A review of his official records show that he had "excellent" conduct and efficiency ratings (except for one “Good” academic rating) throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  An academic rating of “Good” was not disqualifying.  There must have been no convictions by a court-martial.

13.  Army Regulation 600-8-22 (Military Awards) states that, for active component institutional training, the SF Tab may be awarded to all personnel who prior to 1 January 1988 successfully completed the then-approved program of instruction for SF qualification in an SF Group and who were subsequently awarded, by competent authority SQI “S."

14.  Army Regulation 600-8-22 further states the SF Tab may be awarded retroactively to all personnel who performed wartime service from 1942 through 1973 and served with an SF unit during wartime and were either unable to or not required to attend a formal program of instruction but were awarded SQI “S,” “3,” or ASI “5G” by competent authority.

15.  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 that the applicant's unit was cited for awards of the Presidential Unit Citation (PUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment to the unit.

16.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

17.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  The regulation in effect at the time provided that a DD Form 214 would be issued to enlisted personnel who were released to the Army Reserve upon completion of the period for which inducted and immediately ordered to active duty as a Reservist.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214, dated 5 February 1968, does not reflect his correct service dates and the service he performed has been noted and found to have some merit.

2.  While it cannot be determined with any degree of certainty that a DD Form 214 was issued to the applicant on 13 May 1967, it must be presumed based on the orders that were issued at the time and the fact that he was issued an ID Card as an ER when he was promoted to the pay grade of E-5 that a DD Form 214 was issued for the period of service from 13 May 1965 to 13 May 1967. 

3.  However, it appears that his effective date of REFRAD was incorrectly reflected in block 11d. as 5 February 1968 when his orders clearly show that he was REFRAD on 31 January 1968.

4.  The evidence of record shows that he served 8 months, and 20 days of active service this period (block 22a) and 2 years, 8 months and 19 days of active service (blocks 22a(3) and 22b).  He also served 11 months and 1 day of foreign service (block 22c).  Accordingly, his DD Form 214 should be corrected to reflect this information.

5.  Additionally, to clarify the applicant’s service, given the absence of a DD Form 214 for the first period of service it would be appropriate to issue the applicant a “Certificate of Service” showing that he was inducted on 13 May 1965 and was honorably released from active duty on 13 May 1967.

6.  It is also noted that the applicant was awarded the Soldier’s Medal and the BSM that were not added to his DD Form 214.  Accordingly, they should be added at this time.

7.  The applicant’s records show that he was eligible for award of the AGCM 
(1st Award) and he has been issued the medal set for that award as well as two bronze service stars for wear on his already-awarded VSM.  Accordingly, they should be added to his DD Form 214 at this time.

8.  The applicant is also qualified for award of the SF Tab and it should be added to his DD Form 214 at this time.

9.  The applicant’s unit was awarded the PUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.
 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

* Issuing him a Certificate of Service showing that he was inducted on 13 May 1965 and was honorably released from active duty on 13 May 1967
* Deleting the entry “5 FEB 68” from block 11d of his DD Form 214 and 
adding the entry “31 JAN 68” 
* Deleting the entries “2  8  23” from block 22a(3) and 22b of his DD Form 214 and adding the entries “2  8  19” to blocks 22a(3) and 22b of his 
DD Form 214
* Deleting the entry “0  8  18” from block 22c of his DD Form 214 and adding the entry “0  11  01” 
* Deleting the entry “Vietnam Service Medal” from block 24 of his DD Form 214
* Adding the awards of the Vietnam Service Medal with 2 bronze service stars, AGCM, Special Forces Tab, PUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to block 24 of his DD Form 214 

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 changing the date of entry in block 17c of his DD Form 214.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20110018768



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ABCMR Record of Proceedings (cont)                                         AR20110018768



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