IN THE CASE OF:	  

		BOARD DATE:	  26 July 2012

		DOCKET NUMBER:  AR20120000958 


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 to his DD Form 214 (Armed Forces of the United States report of Transfer or Discharge), for the period ending 27 January 1978, to show:

* Item 18f (Foreign and/or Sea Service This Period) a credit for his service in Vietnam
* Item 26 (Decorations, Medals, Commendations, and Campaign Ribbons Awarded or Authorized) all and any awards he is entitled to

2.  The applicant states his 1978 DD Form 214 does not show all of his awards and decorations.  This DD Form 214 shows he served in Vietnam, but reflects no overseas service in Item 18f.

3.  The applicant provides:

* 1978 DD Form 214
* letter from a Veterans Service Center Manager

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 military records show he enlisted in the Regular Army (RA) on 31 December 1969 for 3 years.  He completed training and he was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).  

3.  He served in Vietnam from 28 July 1970 through 10 April 1971, during one campaign.  He was assigned to:

* 2 August 1970 to 19 January 1971 - 165th Transportation Company 
* 20 January 1971 to 9 April 1971 - Headquarters and Headquarters Company, 520th Transportation Battalion

4.  He was honorably discharged on 27 January 1972 for purpose of immediate reenlistment.  His DD Form 214 for this period of service shows in:

* Item 22c (Foreign and/or Sea Service) - RVN (Republic of Vietnam) - 9 months
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the: 

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal

5.  He reenlisted in the RA on 28 January 1972 for 6 years.  He was honorably discharged in pay grade E-6 on 27 January 1978.  His DD Form 214 for this period of service shows in:

* Item 18f - NA (not applicable)
* Item 26 the: 

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device 1960
* two overseas service bars
* Army Good Conduct Medal (2nd Award)
* Meritorious Service Medal
* U.S. Army Recruiter Badge (3rd Gold Star)

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Badge) lists all the awards shown on his 1978 DD Form 214 and the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated Item 18f would list the total active duty outside continental limits of the United States for the period covered by the DD Form 214.  

8.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

9.  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 his unit, the 165th Transportation, was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January-31 December 1971 by Department of Army General Orders (DAGO) Number 32, dated 1973.

10.  Department of the Army Pamphlet 672-3 also shows his unit, the 520th Transportation Battalion, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October-31 August 1972 by DAGO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Vietnam Service Medal and this award is properly shown on both his DD Forms 214.  The evidence also shows he participated during one campaign in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 27 January 1978 to show the Vietnam Service Medal with one bronze service star.

2.  The evidence of record also shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his 1978 DD Form 214 to show these badges.
3.  The evidence of record further shows his units in Vietnam during his period of assignment were cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his 1978 DD Form 214 should be corrected to show these unit awards.

4.  Regulatory guidance provides for listing the total amount of foreign service completed during the period covered by the DD Form 214.  There is no evidence of record and he has failed to provide compelling evidence to show he served in Vietnam or had any overseas service during the period covered by the DD Form 214 ending on 27 January 1978.  His foreign service for Vietnam was properly shown on the DD Form 214 ending on 27 January 1972.  Therefore, he is not entitled to correction to Item 18f of the 1978 DD Form 214 to show he served in Vietnam.

5.  In view of the foregoing, his records should be corrected as recommended below.

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:

* deleting from the applicant's DD Form 214 for the period ending 27 January 1978 the Vietnam Service Medal
* adding to his 1978 DD Form 214 the:

* Vietnam Service Medal with one bronze service star
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

* Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 correcting Item 18f of his   DD Form 214 for the period ending 27 January 1978 to show a credit of 9 months for his Vietnam 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)                                         AR20120000958





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ABCMR Record of Proceedings (cont)                                         AR20120000958



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