IN THE CASE OF:	  

		BOARD DATE:	  2 August 2012

		DOCKET NUMBER:  AR20120001985 


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) to show his service in Vietnam and his military occupational specialty (MOS) as artillery.

2.  He states:

* he was in Vietnam from August to October 1971
* his MOS was artillery

3.  The applicant submits:

* his DD Form 214
* Special Orders Number 290, issued by Headquarters, 7th Battalion,
15th Field Artillery, dated 17 October 1971

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 into the Army of the United States on 18 January 1971.

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

	a.  item 22 (MOS) his MOS as 13A (Field Artillery Basic);

	b.  item 27 (Military Education) no entry (blank);

	c.  item 31 (Foreign Service) he served in the U.S. Army Pacific (USARPAC)-Vietnam from 21 August through date of excepted return of 24 October 1971;

	d.  item 33 (Appointments and Reductions) he was promoted to private first class (PFC)/E-3 on 27 August 1971 by Special Orders Number 238, issued by Headquarters, 7th Battalion, 15th Field Artillery Regiment;

	e.  item 38 (Record of Assignments) he was assigned to:

* Co E, 3rd Battalion, 3rd Brigade, Fort Dix, NJ on 25 January 1971 for basic combat training
* Battery A, 2nd Training Brigade, Fort Sill, OK on 22 March 1971 for advanced individual training
* C Battery, 7th Battalion, 15th Field Artillery, USARPAC-Vietnam on
27 August 1971

	f.  item 41 (Awards and Decorations), he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  Special Orders Number 290, dated 17 October 1971, reassigned the applicant on a permanent change of station (PCS) to the U.S. Army Transfer Station, Fort Lewis, WA for separation processing.  These orders show:

* he held the rank/grade PFC/E-3;
* his PMOS was 13A
* his major command was USARPAC-Vietnam
* he departed the United States (DDUS) on 21 August 1971 

5.  On 21 October 1971, he was discharged after having completed 9 months and 3 days of active service.  The DD Form 214 he was issued shows in:

	a.  items 5a (Grade, Rate, or Rank), 5b (Pay Grade), 6 (Date of Rank),
23a (Specialty Number and Title), 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), and 25 (Education and Training Completed) the entry "NVAL" indicating "not validated";

	b.  item 12 (Last Duty Assignment and Major Command) his last assignment was C Battery, 7th Battalion, 15th Field Artillery, U.S. Army Vietnam (USARV); 

	c.  item 22 (Foreign and/or Sea Service) the entry "NONE";

	d.  item 30 (Remarks) the entry "VN (Vietnam) Service:  NONE; and 
  
	e.  item 30 the entry "EM (enlisted member) separated from service on temporary records and Soldier's affidavit."

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  This regulation states in:

	a.  item 5a, enter the grade in which serving at time of separation;

	b.  item 5b, enter the pay grade; 

	c.  item 6 enter date of rank for the grade shown in item 5a;

	d.  item 12 last assignment and major command; 

	e.  item 22c enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g. USARPAC;

	f.  item 23a enter the PMOS code number, title, and date of award; 

	g.  item 24 all decorations, service medals, campaign credits, and badges awarded or authorizes; and 

	h.  item 25 for enlisted personnel, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the
DD Form 214.

7.  Army Regulation 635-5, in effect at the time, states to indicate Indochina and Korea service on or after 5 August 1964, enter inclusive dates for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea.  For example, to show service in Vietnam only, enter "Vietnam - 6 Apr 70 through 28 May 71, Indochina - Yes, Korea - No."

8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, the applicant participated in the Consolidation I campaign (1 July 1971 - 30 November 1971).

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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by Department of the Army General Orders Number 54, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period of service in Vietnam for entitlement to the Vietnam Service Medal.  He also participated in one campaign in Vietnam.  Therefore, he is entitled to the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show this award.

2.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  Evidence of record shows the applicant was discharged on temporary records and his affidavit.  As such, items 5a, 5b, 6, 23a, 24, and 25 of his DD Form 214 were coded "NVAL."  However, his records are now available for review.  Therefore, it would now be appropriate to correct the applicant's DD Form 214 to show the following entries:

* item 5 – "PFC"
* item 5b – "E-3"
* item 6 – "27 August 1971"
* item 22c – "USARPAC – 0  2  0"
* item 23a – "13A, Field Artillery Basic"
* item 24 – "National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)"
* item 25 – "Basic Combat Training, 1971" and "Advanced Individual Training (13A), 1971"

4.  Evidence of record shows he served in USARPAC-Vietnam from 21 August through 20 October 1971, a period of 2 months.  Therefore, item 22c of his
DD Form 214 should be corrected accordingly.

5.  Based on his service in Vietnam, he is also entitled to correction of item 30 of his DD Form 214 to show he served in Vietnam from 21 August 1971 - 
20 October 1971.

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: 


	a.  deleting from items 5a the current entry and replacing it with the entry "
PFC;

	b.  deleting from item 5b of his DD Form 214 the current entry and replacing it with the entry "E-3";

	c.  deleting from item 6 of his DD Form 214 the current entry and replacing it with the entry "27 August 1971";

	d. deleting from item 23a of his DD Form 214 the current entry and replacing it with the entry "13A, Field Artillery Basic";

	e.  deleting from item 22c the current entry and replacing it with the entry "USARPAC - 0  2  0";

	f.  deleting from item 24 of his DD Form 214 the current entry and replacing it with the entry:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

	g.  deleting from item 25 of his DD Form 214 the current entry and replacing it with the entry:

* Basic Combat Training, 1971
* Advanced Individual Training (13A), 1971

	h.  deleting from item 30 of his DD Form 214 the entry "VN Service:  None" and replacing it with the entry "Vietnam - 21 August to 20 October 1971, 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)                                         AR20120001985



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ABCMR Record of Proceedings (cont)                                         AR20120001985



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