IN THE CASE OF:	  

		BOARD DATE:  19 April 2012

		DOCKET NUMBER:  AR20110019802 


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) for the period ending 4 December 1973 by:

	a.  showing his foreign service in Vietnam;

	b.  showing his actual date of entry on military service (currently shows
5 December 1973 [sic – shows 1969]); and

	c.  adding the Vietnam Service Medal or Republic of Vietnam Campaign Medal.

2.  The applicant states:

* He served in Vietnam from August 1968 to August 1969
* He entered active duty prior to December 1969
* These items were omitted from his DD Form 214

3.  The applicant provides his DD Form 214 for the period ending 4 December 1973.


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 Regular Army (RA) on 25 October 1967 for a period of 4 years.  He served as an airplane repairman in Vietnam from 
16 August 1968 to 10 August 1969 (total of 11 months and 24 days) while assigned to the 146th Aviation Company, 224th Aviation Battalion.  On 
4 December 1969, he was honorably discharged for the purpose of immediate reenlistment.

3.  The DD Form 214 he was issued for the period ending 4 December 1969 shows in:

* item 17c (Date of Entry), he entered active duty on 25 October 1967
* item 22a(3) (Total Service), he completed 2 years,1 month, and 10 days of total service during this period
* item 22c (Foreign and/or Sea Service), he completed 11 months and 24 days of foreign service during this period
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

4.  He reenlisted on 5 December 1969 for a period of 4 years.  On 4 December 1973, he was honorably discharged at the expiration of his term of service.


5.  The DD Form 214 he was issued for the period ending 4 December 1973 shows in:

* item 17c, he entered active duty on 5 December 1969
* item 22a(2) (Other Service), he completed 2 years, 1 month, and 10 days of other (prior) service
* item 24, the:

* Army Good Conduct Medal
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents.  It states that 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 (emphasis added).  It further states for:

* item 17c, enter the date entered on active duty or date of enlistment or reenlistment was accomplished; the date to be entered in this item will be the earliest date not previously covered by a DD Form 214
* item 22c, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214
* item 24, enter all decorations, service medals, campaign credit, and badges awarded or authorized

7.  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 shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)


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.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant initially enlisted in the RA on
25 October 1967, he served 11 months and 24 days of foreign service in Vietnam, he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960), and he was honorably discharged for immediate reenlistment in the RA on 4 December 1969 after serving 2 years, 1 month, and 10 days, which is properly reflected on his DD Form 214 for this period of service.  A copy of the applicant's DD Form 214 for the period ending
4 December 1969 will be provided with these Proceedings.

2.  On 5 December 1969, he immediately reenlisted in the RA and he was honorably discharged on 4 December 1973 at the expiration of his term of service, which is properly shown on his DD Form 214 for the period ending
4 December 1973.  Therefore, there is no basis for granting the applicant's requests to correct his DD Form 214 for this period of service to show an earlier entry date in item 17c.

3.  The applicant served 11 months and 24 days of foreign service in Vietnam which is properly shown on his DD Form 214 for the period ending 4 December 1969.  Army Regulation 635-5 states to enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.  Therefore, there is no basis for carrying over his foreign service time on his DD Form 214 for the period ending 4 December 1973.

4.  The applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.
6.  Army Regulation 635-5 states to enter all decorations, service medals, campaign credit, and badges awarded or authorized on the DD Form 214.  Therefore, it would be appropriate at this time to show all of the applicant's awards on his DD Form for the period ending 4 December 1973.

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 adding to item 24 of his DD Form 214 for the period ending 4 December 1973 the:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented was 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 the current entries in items 17c and 22c of his DD Form 214 for the period ending 4 December 1973.



      __________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)                                         AR20110019802



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ABCMR Record of Proceedings (cont)                                         AR20110019802



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