IN THE CASE OF:	  

		BOARD DATE:  27 September 2012

		DOCKET NUMBER:  AR20120005608 


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 and all other awards or decorations he may have earned.

2.  The applicant states:

* he held an infantry military occupational specialty (MOS) and he was sent to Vietnam in July 1969, not October 1969
* he served with C Company, 2nd Battalion, 5th Cavalry
* he was awarded the Combat Infantryman Badge in September 1969
* he reenlisted in November 1969, not September 1969
* he held the rank/grade of specialist four (SP4)/E-4, not private first class (PFC)/E-3
* he was sent to Headquarters Support Command, 1st Cavalry Division and worked in the ammunition office until December 1970
* he also received the Army Commendation Medal

3.  The applicant provides several photographs purportedly of himself in Vietnam.

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 U.S. Army Reserve (USAR) on 18 June 1968.  He enlisted in the Regular Army on 3 September 1968.  He completed basic combat and advanced individual training and he was awarded MOS 11B (Light Weapons Infantryman) on 12 May 1969.

3.  He served in Vietnam from on or about 27 July 1969 to on or about 17 December 1970.  He was assigned as:

* an infantryman in MOS 11B, from on or about 27 July 1969 to on or about 11 October 1969 with C Company, 2nd Battalion, 5th Cavalry Regiment
* an ammunition specialist/driver in MOS 55B (Ammunition Storage Specialist) from on or about 12 October 1969 to 12 December 1970 with the 15th Supply and Service Company, 1st Cavalry Division

4.  Special Orders (SO) Number 260, issued by Headquarters, 1st Cavalry Division, on 17 September 1969, awarded him the Combat Infantryman Badge.

5.  While in Vietnam, he was honorably discharged on 5 October 1969 in the rank/grade of PFC/E-3 for the purpose of immediate reenlistment.  He completed 1 year, 1 month, and 3 days of active service.  A DD Form 214 for this period of service is not available for review with this case.  However, he was issued a Certification of Military Service that captured his active service from 3 September 1968 to 5 October 1969.

6.  He reenlisted on 6 October 1969 for 3 years and he was awarded MOS 55B on 9 February 1970.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and Good Conduct Medal.

7.  SO Number 54, issued by Headquarters, 1st Cavalry Division, dated 23 February 1970, promoted him to SP4/E-4 on 9 February 1970. 

8.  General Orders (GO) Number 12852, issued by Headquarters, 1st Cavalry Division on 19 July 1970 awarded him the Army Commendation Medal for meritorious achievement. 

9.  GO Number 19919, issued by Headquarters, 1st Cavalry Division on 14 November 1970 awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service.

10.  SO Number 95, issued by Headquarters, 541st Supply and Service Battalion, Fort Riley, KS, on 28 December 1971, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

11.  GO Number 2, issued by Headquarters, 138th Engineer Group, Fort Riley, KS, on 24 January 1972, awarded him the Army Good Conduct Medal (1st Award).

12.  SO Number 61, issued by Headquarters, 138th Engineer Group, Fort Riley, KS, promoted him to the rank/grade of specialist five (SP5)/E-5, effective 4 April 1972. 

13.  He was honorably released from active duty on 5 October 1972.  He completed 3 years of creditable active service during this period of reenlistment.  His DD Form 214 shows in:

* item 5a (Grade, Rate or Rank) - "SP5"
* item 5b (Pay Grade) - "E-5
* item 6 (date of Rank) - "4 April 1972"
* item 22a(1) (Net Service This Period) – "3  0  0"
* item 22a(2) (Other Service) – "1  3  18"
* item 22a(3) (Total) – "4  3  18"
* item 22b (Total Active Service) – "4  1  3"
* item 22c (Foreign and/or Sea Service) "1  2  12 U.S. Army Vietnam"
* item 24 (Decorations, Medals,, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - two overseas service bars, Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* item 30 (Remarks) - "Vietnam 6 Oct 69 [October 1969] – 17 Dec 70 [December 1970]"

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows during his assignment to the 2nd Battalion, 5th Cavalry (from on or about 27 July to on or about 11 October 1969), this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969, based on DAGO Number 59, dated 1969.

15.  DA Pamphlet 672-3 shows during his assignment to the 15th Supply and Service Company, 1st Cavalry Division (from on or about 12 October 1969 to 12 December 1970) this unit was cited for awards of the:

* Valorous Unit Award for the period 1 May to 29 June 1970 based on DAGO Number 43, dated 1972
* Meritorious Unit Commendation for service from 1 June 1968 to 30 November 1969, based on DAGO Number 2, dated 1972
* Meritorious Unit Commendation for service from 1 January to 31 December 1970 based on DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from May 1969 to February 1970 based on DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1969 to 1 February 1970 based on DAGO Number 42, dated 1972

16.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. 

17.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It 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.  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 (27 July 1969 to on or about 17 December 1970), the applicant participated in the following four campaigns:

* Vietnam Summer-Fall 1969, 9 June-31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970
* Sanctuary Counteroffensive, 1 May-30 June 1970
* Vietnamese Counteroffensive Phase VII, 1 July 1970-30 June 1971

18.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) (also known as the Vietnam Campaign Medal) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more. 

19.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Until the policy was changed in October 1979, DD Forms 214 were prepared upon discharge for immediate enlistment or reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Combat Infantryman Badge and GO awarded him two awards of the Army Commendation Medal, none of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

2.  He served a qualifying period for awards of the Republic of Vietnam Campaign Medal as well as the Vietnam Service Medal with four bronze service stars (designating his campaign participation in four campaigns).  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

3.  He was awarded the National Defense Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  GO awarded his units in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Meritorious Unit Commendation, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He is entitled to correction of his DD Form 214 to show these unit awards. 

5.  He served in Vietnam from 17 July 1969 to 17 December 1970.  The period covered by this DD Form 214 is from 6 October 1969 to 5 October 1972.  Only foreign service completed during the period by the DD Form 214 is listed.  As such, the period of service in Vietnam is correctly shown as 6 October 1969 to 17 December 1970.  Nevertheless, there is no harm to the Army or the applicant if the actual dates of service in Vietnam are listed on this DD Form 214.  Therefore, as an exception to policy, his DD Form 214 should be amended to show the full dates of service in Vietnam.

BOARD VOTE:

___X____  ____X __  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* adding to item 24 of his DD Form 214 the:

* Combat Infantryman Badge
* Army Commendation Medal (2nd Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with four bronze service stars
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Meritorious Unit Commendation (2nd Award)
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

* deleting the entry "Vietnam 6 October 1969 through 17 December 1970" from item 30 of his DD Form 214 and replacing it with the entry "Vietnam – 27 July 1969 to 17 December 1970"



      __________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)                                         AR20120005608



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ABCMR Record of Proceedings (cont)                                         AR20120005608



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