BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120003908 


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 date of entry on active duty as 20 September 1965 instead 19 September 1971
* his dates of service in Vietnam from 28 March 1966 to 27 March 1967

2.  He states:

* the date of entry on his DD Form 214 is incorrect
* his DD Form 13 (Statement of Service) verifies the correct date and it indicates his DD Form 214 should be corrected to show Vietnam Service

3.  He provides his DD Form 214 and DD Form 13.

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 request for correction of his DD Form 214 to show his date of entry as 20 September 1965 is acknowledged.  However, he was issued a DD Form 215 (Correction to DD Form 214) on 8 August 1969 which amended item 17c (Date of Entry) to reflect the entry "20 Sep 65."  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.  A copy of this DD Form 215 will be provided to him.

3.  The applicant enlisted in the Regular Army on 20 September 1965.  

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

* item 31 (Foreign Service), he served in Vietnam from 28 March 1966 to 27 March 1967
* item 38 (Record of Assignments), he was assigned to Battery A, 2nd Battalion, 320th Artillery in Vietnam from 4 April 1966 to 23 March 1967

5.  He was honorably released from active duty on 1 November 1968.  His DD Form 214 shows in:

   a.  item 22c (Foreign Service), he completed 2 years, 3 months, and 18 days of foreign service in U.S. Army Pacific and U.S. Army Europe.
   
   b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign ribbons Awarded or Authorized), he was awarded or authorized the Parachutist Badge, National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

   c.  item 30 (Remarks), no entry indicating he completed any foreign service.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version in effect at the time directed that the total active duty outside the continental United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed would be entered in item 22c.  This regulation did not provide instructions to record Vietnam service in item 30.  

7.  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 regulation 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, participation credit was awarded for the Vietnam Counteroffensive and Vietnam Counteroffensive Phase II campaigns.  

8.  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:

	a.  Presidential Unit Citation for the period 2 to 20 June 1966 by Department of the Army General Orders (DAGO) Number 59, dated 1968.

   b.  Meritorious Unit Commendation for the period 29 July 1965 to 1 October 1966 by DAGO Number 1, dated 1969.

	c.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 to July 1966 and 9 December 1966 to 18 January 1967 by DAGO Number 21, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  Item 31 of the applicant's DA Form 20 shows he served in Vietnam from 28 March 1966 to 27 March 1967.

2.  He was issued a DD Form 214 which shows he completed 2 years, 3 months, and 18 days of foreign service in Vietnam and Germany.  However, item 30 of his DD Form 214 does not show his service in Vietnam.

3.  Although the governing regulation in effect at the time did not provide instructions to record Vietnam service in item 30 of the DD Form 214, there is no harm in adding his service in Vietnam from 28 March 1966 to 27 March 1967 to his DD Form 214.  

4.  Based on his service in Vietnam, he is eligible for two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Additionally, his unit in Vietnam was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.

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 the DD Form 214 of the individual concerned be corrected by:

   a.  amending item 30 to add the entry "Vietnam:  28 March 1966 to 27 March 1967"; 
   
   b.  deleting the Vietnam Service Medal from item 24; and 
   
   c.  amending item 24 to add award of the Vietnam Service Medal with two bronze service stars, Presidential Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  




      _______ _  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)                                         AR20120003908





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ABCMR Record of Proceedings (cont)                                         AR20120003908



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