IN THE CASE OF:	  

		BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120004907 


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:

	a.  his date of birth (DOB) as 21 June 1940;

	b.  his date of entry on active duty as 29 April 1968;

	c.  his foreign service as 6 months and 21 days in Vietnam; and

	d.  his award of the Bronze Star Medal (BSM).

2.  The applicant states the clerk was in a hurry and made errors on his DD Form 214.

3.  The applicant provides:

* General Orders Number 495, issued by Headquarters II Field Force Vietnam Artillery, dated 1 December 1969
* Special Orders Number 277, issued by Headquarters, 23rd Artillery Group, dated 4 October 1969
* his DD Form 214


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 DD Form 398 (Statement of Personal History) that he completed during his entry processing, dated 14 April 1964, and his records in the Office of the Town Clerk, Commonwealth of Massachusetts, show his DOB as 21 June 1940.

3.  Having prior enlisted service in the Army National Guard (ARNG), the applicant was commissioned a second lieutenant in the Massachusetts ARNG (MAARNG) on 23 December 1964.  He was ordered to active duty on 29 April 1968.  He arrived in Vietnam on 21 May 1969 and he was assigned to Service Battery, 6th Battalion, 27th Artillery in Vietnam from 24 May 1969 to
23 November 1969.  On 12 December 1969, he was released from active duty in the rank/grade of captain (CPT)/O-3.

4.  His DD Form 214 shows in:

* Item 9 (DOB) the entry "26 Jun 40" (26 June 1940)
* Item 11d (Effective Date) the entry "12 Dec 69" (12 December 1969)
* Item 17c (Date of Entry) the entry "29 Apr 69" (29 April 1969)
* Item 22a (Net Service This Period) the entry "1  7  14" (1 year, 7 months, and 14 days)
* Item 22c (Foreign and/or Sea Service) the entry "0  6  2" (6 months and
2 days in Vietnam)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one Overseas Service Bar
5.  A DD Form 220 (Report of Active Duty), dated 29 April 1968, shows the applicant's effective date of entry on active duty was 29 April 1968.  The period 29 April 1968 through 12 December 1969 (separation date) equates to 1 year,
7 months, and 14 days of net service this period.

6.  General Orders Number 495, dated 1 December 1969, awarded the applicant the BSM for meritorious service in Vietnam during the period May 1969 to November 1969.

7.  Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 21 May 1969 through 23 November 1969, a total of 6 months and 2 days. 

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, the applicant participated in the following three campaigns:

* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

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 6th Battalion, 27th Artillery, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 14 September 1967 through 15 January 1971 by Department of the Army General Orders (DAGO) Number 51, dated 1971.

10.  Department of the Army Pamphlet 672-3, paragraph 6d, states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was born on 21 June 1940 and his DD Form 398 and record of birth support this contention.  Therefore, it would be appropriate at this time to correct item 9 of his DD Form 214 to show his DOB as 21 June 1940.


2.  He contends he entered active duty on 29 April 1968 not 29 April 1969.  Since his DD Form 220 shows he entered active duty on 29 April 1968, and his
DD Form 214 shows he was released from active duty on 12 December 1969 after completing 1 year, 7 months, and 14 days of net service this period, item 17c of his DD Form 214 should be corrected to show his date of entry as 29 April 1968.

3.  Although he contends he served 6 months and 21 days in Vietnam, there is no evidence of record and he provided none to support this contention.  Evidence shows he served in Vietnam from 21 May 1969 through 23 November 1969 for a total of 6 months and 2 days of foreign service, which is properly shown in item 22c of his DD Form 214.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

4.  General orders awarded him the BSM for his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.
  
5.  He participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this bronze service stars.

6.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  All units in Vietnam were awarded 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.

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 item 9 of his DD Form 214 the current entry and replacing it with the date of birth as shown on his record of birth and DD Form 398;

	b.  deleting from item 17c of his DD Form 214 the current entry and replacing it with the entry "29 Apr 68";

	c.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

	d.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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 22c of his
DD Form 214 to show he 6 months and 21 days 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)                                         AR20120004907



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ABCMR Record of Proceedings (cont)                                         AR20120004907



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