BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110025145 


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 his Vietnam service be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 9 May 1973.

2.  The applicant states he served in the Republic of Vietnam (RVN) during the period 14 March 1972 to 24 May 1972.

3.  The applicant provides:

* DD Form 214
* his Leave and Earnings Statement (LES) for the period 1 - 30 April 1972
* a MAC Transportation Authorization, dated 24 May 1973
* temporary duty (TDY) orders, dated 22 May 1972, from Headquarters, 160th Signal Group
* envelopes he used to send mail home from RVN
* a portion of a letter to his parents

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.  He was inducted into the Army of the United States on 11 May 1971.  He completed basic combat and advanced individual training and was awarded military occupational specialty 71B (Clerk-Typist).

3.  He was assigned to U.S. Army Strategic Communications Command in Okinawa on 14 October 1971.

4.  A history of the 160th Signal Group obtained from the internet shows they arrived in the RVN on 20 April 1967, and provided headquarters support in the Saigon and Long Binh areas.  The 160th Signal Group returned to the United States where it was deactivated on 3 June 1972.

5.  His LES for the period 1 April to 30 April 1972 indicates he commenced a period of TDY on 15 March 1972.

6.  Headquarters, 160th Signal Group Special Orders Number 143, dated 
22 May 1972, relieves him from duty with the 160th Signal Group and directs him to report 23 May 1972 to the 8th Aerial Port, Saigon, RVN for onward movement to Okinawa.

7.  The MAC Transportation Authorization, dated 24 May “1973,” is for his transportation from the 8th Aerial Port, Saigon, RVN to Okinawa.

8.  On 9 May 1973, he was released from active duty.  He completed 1 year, 
11 months, and 29 days of active service that was characterized as honorable.  Item 30 (Remarks) contains the entry:  RVN:   NO   INDOCHINA:  NO  KOREA:  NO.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Vietnam Service Medal was awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 

through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

	b.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he served in the:

* Consolidation II Campaign (1 December 1971 - 29 March 1972)
* Vietnam Cease-Fire Campaign (30 March 1972 - 28 January 1973)

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

10.  Army Regulation 635-5 (Separation Documents, then in effect, stated inclusive dates for service in Indochina and Korea were entered it item 30 (Remarks) by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.

DISCUSSION AND CONCLUSIONS:

1.  His LES shows the beginning date of his period of TDY as 15 March 1972.  

2.  The date of the MAC transportation authorization appears to be 24 May 1973. However, he was released from active duty on 9 May 1973.  Therefore, this is considered to be a typographical error and the year should have read 1972.

3.  The TDY orders and the MAC transportation authorization show the date he was transferred out of RVN.  Therefore, it is reasonable to conclude his period of TDY to the 160th Signal Group in RVN was from 15 March 1972 to 24 May 1972

4.  In view of the above, it would be appropriate to amend item 30 of his DD Form 214 to show:  RVN:  15 March 1972 - 24 May 1972  INOCHINA: YES  KOREA: NO.

5.  Based on his service in RVN he is authorized the Vietnam Service Medal with two bronze service stars.


BOARD VOTE:

___X_____  __X______  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 amending his DD Form 214 as follows:

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - add the Vietnam Service Medal with two bronze service stars.

	b.  Item 30 - delete:  RVN:  NO    INDOCHINA:  NO   KOREA:   NO
				    add:  RVN: 15 March 1972 to 24 May 1972  INDOCHINA:  YES  KOREA:  NO
  




      _______ _  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)                                         AR20110025145



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ABCMR Record of Proceedings (cont)                                         AR20110025145



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