BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120003557 


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:

* completion of 2 years of foreign service in Vietnam
* award of the Senior Parachutist Badge
* award of four overseas service bars

2.  The applicant states his DD Form 214 shows he completed only 11 months and 14 days of foreign service in Vietnam.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Army Commendation Medal Certificate

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 records show he enlisted in the Regular Army on 4 November 1958 and he held military occupational specialty 12B (Pioneer/Combat Engineer).

3.  He was discharged on 18 June 1961 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows award of the Parachutist Badge and Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  He reenlisted in the Regular Army on 19 June 1961 for a period of 6 years.  He served in:

* Okinawa with the 173rd Engineer Company, 173rd Airborne Brigade, from 20 July 1963 to 4 May 1965
* Vietnam with Headquarters and Headquarters Company, 173rd Airborne Brigade, from 5 May 1965 to 21 April 1966

5.  Special Orders (SO) Number 255, issued by Headquarters, 173rd Airborne Brigade (Separate), dated 19 November 1964, awarded him the Senior Parachutist Badge.

6.  General Orders (GO) Number 4833, issued by Headquarters, U.S. Army Vietnam, dated 20 July 1966, awarded him the Army Commendation Medal for service from September 1964 to April 1966.

7.  He was honorably discharged on 18 June 1967 for the purpose of immediate reenlistment.

	a.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 for this period of service shows he completed 10 months and 16 days of foreign service in the Republic of Vietnam and

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows:

* National Defense Service Medal
* Vietnam Service Medal
* Army Good Conduct Medal (1st Award)
* Army Good Conduct Medal (2nd Award)
* Senior Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  He reenlisted in the Regular Army for 6 years on 19 June 1967.  He served in Vietnam with Company C, 65th Engineer Battalion, 25th Infantry Division, from 10 October 1970 to 23 September 1971.

9.  He was honorably discharged on 19 June 1973.

* item 22c of his DD Form 214 for this period of service shows he completed 11 months and 14 days of foreign service in the U.S. Army Pacific (USARPAC)
* item 24 his DD Form 214 for this period of service shows:

* Vietnam Service Medal with two bronze service stars
* Bronze Star Medal
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (4th Award)

* Item 30 (Remarks) of his DD Form 214 for this period of service shows he served in Vietnam from 10 October 1970 to 23 September 1971

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214:

* item 22c shows the total active duty performed outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which 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

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

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and to a date to be determined.

	b.  Appendix B shows that during the applicant's two periods of service in Vietnam, campaign participation credit was awarded for the following campaigns. 
This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Defense Campaign (8 March-24 December 1965)
* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
* Consolidation I (1 July-30 November 1971)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service in Vietnam with Headquarters and Headquarters Company, 173rd Airborne Brigade, the unit was awarded the:

* Meritorious Unit Commendation for service from 5 May 1965 to 4 May 1970, based on Department of the Army General Orders (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 5 May 1965 to 26 September 1970 based on DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for service from 15 April 1969 to 16 March 1971 based on DAGO Number 5, dated 1973

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. 
There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was previously awarded the Army Commendation Medal and the Senior Parachutist Badge which are not shown on his DD Form 214 for the period ending on 19 June 1973; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  GO awarded his unit of assignment in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation which are not shown on his DD Form 214 for the period ending 19 June 1973; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  He was awarded the Vietnam Service Medal.  He also participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  He served a qualifying period of service for award of the National Defense Service Medal and is entitled to correction of his DD Form 214 for the period ending 19 June 1973 to show it.

5.  He completed two periods of service in Vietnam – from 5 May 1965 to 21 April 1966 and from 10 October 1970 to 23 September 1971.  Each period of service in Vietnam is correctly listed on the appropriate DD Form 214 during which the period of foreign service was performed.

	a.  One of the DD Forms 214 he was issued covered the period of service from 19 June 1961 to 18 June 1967.  During this period he completed 10 months and 16 days of service in Vietnam from 5 May 1965 to 21 April 1966.  This foreign service is appropriately listed on this DD Form 214.

	b.  The DD Form 214 he provides covered the period of service from 19 June 1967 through 19 June 1973.  During this period he completed 11 months and 14 days of service in Vietnam from 10 October 1970 to 23 September 1971.  This foreign service is also appropriately listed on this DD Form 214.

	c.  Only the second period of service in Vietnam was completed during the period covered by the DD Form 214 he provides for the period ending 19 June 1973 and, as such, only that period of service in Vietnam is authorized to be listed on this form.

6.  He served a qualifying period of service for four overseas service bars and should have his final DD Form 214 corrected to show all four bars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  __x______  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 19 June 1973 by:

* deleting the Vietnam Service Medal with two bronze service stars and the two overseas service bars
* adding the:

* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Senior Parachutist Badge 
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* National Defense Service Medal
* four overseas service bars 

2.  The Board further determined 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 his foreign 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)                                         AR20120003557



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ABCMR Record of Proceedings (cont)                                         AR20120003557



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