IN THE CASE OF:	  

		BOARD DATE:  17 July 2012

		DOCKET NUMBER:  AR20120002458 


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 the:

* Combat Infantryman Badge
* His first of two tours in Vietnam

2.  The applicant states he served two tours in Vietnam and he was awarded the Combat Infantryman Badge.

3.  The applicant provides:

* DD Form 214
* Special Orders Number 25, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 25 January 1969
* Two certificates showing awards of the Air Medal
* Special Orders Number 87, issued by Headquarters, 101st Airborne Division, dated 28 March 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's available records show he enlisted in the Regular Army on 1 August 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) is not available for review with this case; however, his DA Form 2-1 (Personnel Qualification Record) that was prepared on 31 October 1983 shows in item 5 (Overseas Service) he served in Vietnam from 22 October 1970 to 22 July 1971.

4.  He submitted:

* Special Orders Number 25, dated 25 January 1969, that directed his reassignment to Fort Lewis, WA, on or about 28 February 1969 for further assignment to Vietnam
* A certificate, dated 25 July 1969, awarding him the Air Medal for meritorious achievement in Vietnam from 9 May to 16 July 1969
* A certificate, dated 29 June 1971, awarding him the Air Medal for meritorious achievement in Vietnam from 1 September 1970 to 1 July 1970
* Special Orders Number 87, dated 28 March 1971, awarding him the Combat Infantryman Badge, effective 10 February 1971

5.  He was honorably released from active duty on 23 July 1971 in the rank/grade of sergeant (SGT)/E-5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 11 months, and 23 days of total active service.  The DD Form 214 he was issued at the time shows in:

* Item 22c (Foreign and/or Sea Service) he completed 1 year, 8 months, and 29 days of foreign service in the U.S. Army Pacific
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal (1st Oak Leaf Cluster)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Bronze Star Medal
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Air Medal
* Vietnam Civil Actions Honor Medal with First Class Unit Citation

* Item 30 (Remarks) the entry "Vietnam (VN) Service:  22 Oct 70 - 22 Jul 71

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the
DD Form 214:

* item 22c shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., "USARV" (U.S. Army Vietnam)
* item 24 shows a member's awards and decorations
* item 30 is used for mandatory requirements when a separate block is not available and as a continuation entry

7.  Army Regulation 600-8-22 (Military Awards), 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 from 22 October 1970 to 22 July 1971, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971
* Consolidation I, 1 July - 30 November 1971

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Combat Infantryman Badge effective 10 February 1971.  Therefore, his DD Form 214 should be corrected to show this badge.

2.  With respect to his foreign service:

	a.  His DD Form 214 credited him with 1 year, 8 months, and 29 days of foreign service, of which 9 months and 1 day (22 October 1970 to 22 July 1971) was in Vietnam and is listed on his DD Form 214.

	b.  He provides an order ordering his reassignment to Fort Lewis, WA, on or about 28 February 1969, with a follow-on assignment to Vietnam.  He also provides a certificate showing award of the Air Medal from 9 May to 16 July 1969.

	c.  Although he appears to have served in Vietnam in 1969, prior to the period already listed on his DD Form 214 (October 1970 to July 1971), in the absence of additional documentary evidence, the exact dates of his arrival to and departure from Vietnam of his initial tour are unknown.

3.  He was awarded the Vietnam Service Medal.  Based on the period of service listed on his DD Form 214, he participated in two campaigns while serving in the Republic of Vietnam.  Additionally, although his first period of service in Vietnam cannot be ascertained, he should receive credit for at least one campaign during this period.  Therefore, he is entitled to three 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.

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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal, and

	b.  adding to his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Combat infantryman Badge

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 correcting his DD Form 214 to show his first period of service in Vietnam.



      ___________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)                                         AR20120002458



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ABCMR Record of Proceedings (cont)                                         AR20120002458



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