BOARD DATE:	27 September 2012

		DOCKET NUMBER:  AR20120005979


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), for the period ending                   7 December 1969, to properly reflect his dates of service in the Republic of Vietnam.  

2.  The applicant states:

* his service dates in the Republic of Vietnam should be 23 February 1967 through 5 March 1968
* the period shown on his DD Form  214 conflicts with his dates of service in Germany
* he enlisted in October 1962, took an early discharge in December 1963, and reenlisted for 6 years
* he served in the Republic of Vietnam from 23 February 1967 through        5 March 1968
* he should have left Vietnam in February 1968; however, his departure was delayed because of the Tet Offensive
* when he did depart, he took 30 days of leave prior to arriving in Germany in April 1968

3.  The applicant provides his DD Form 214 and a copy of his DD Form 215 (Correction to DD Form 214 – Certificate of Release or Discharge from Active Duty), dated 7 March 2005.


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 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 enlisted in the Regular Army on 1 October 1962.  He completed training and was awarded military occupational specialty (MOS) 631.10 (Wheeled Vehicle Mechanic).  

3.  On 11 December 1963, he was discharged for the purpose of immediate reenlistment after completing 1 year, 2 months, and 11 days of total active service.  His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  On 12 December 1963, he reenlisted in the Regular Army.  He completed training and was awarded MOS 74F (Automated Data Processing System (ADPS) Program Specialist).

5.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 23 February 1967 to on or about 19 February 1968.  Item 38 (Record of Assignments) of his DA Form 20 shows that during this period of service he was assigned to U.S. Army Element, Vietnam Regional Exchange (PACEX).

6.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960), shown as the "VCM w/ dev 1960"
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  On 7 December 1969, he was honorably discharged from the Army.  The    DD Form 214 he was issued credits him with the completion of 5 years,             11 months, and 2 days of net active service during this period of enlistment and  1 year, 2 months, and 11 days of prior active service.  

   a. Item 22c (Statement of Service – Foreign and/or Sea Service) shows he was credited with the completion of 2 years, 7 months, and 27 days of foreign service.

   b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* Army Good Conduct Medal (1st Award)
* NDSM
* VSM
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

   c. Item 30 (Remarks) shows he served in the U.S. Army Pacific (USARPAC) theater of operations from 23 February 1967 through 19 December 1968, and the U.S. Army Europe (USAREUR) theater of operations from 6 April 1968 through     6 December 1969.

8.  On 7 March 2003, a DD Form 215 was issued that amended item 24 of his DD Form 214, for the period ending 7 December 1969, by adding the Army Commendation Medal.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It is important that information entered on the form should be complete and accurate.  Section III of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  It stated that:

   a. Item 22c (Statement of Service – Foreign and/or Sea Service) would show the total active service performed outside the continental limits of the United Sttaes, for the period covered by the DD Form 214, and the last overseas theater service in which the service was performed (e.g., USARPAC), USARV, etc.); and

   b. Item 30 was used for Department of the Army mandatory requirements when a separate block was not available and as a continuation entry; however, it did not mandate an entry to document service in the Republic of Vietnam, as was the case with future editions.
10.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following 3 campaigns: 

* Vietnam Counteroffensive, Phase II  (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive, Phase III  (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)

12.  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 that his unit of assignment in the Republic of Vietnam, the U.S. Army Element, Vietnam Regional Exchange (PACEX), was cited for award of the:

* Meritorious Unit Commendation, for the period 6 May 1966 through        31 May 1968, by Department of the Army General Orders (DAGO) Number 67, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February 1962 through 28 March 1973, by DAGO Number 8, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he served in the Republic of Vietnam from on or about 23 February 1967 through on or about 19 February 1968.  This period is reflected in item 22c of his DD Form 214; however, it is incorrectly reflected in item 30.  Therefore, it would be appropriate to correct the entry in item 30 to read "SERVICE IN USARPAC (VIETNAM) FROM 23 FEBRUARY 1967 TO              19 FEBRUARY 1968."

2.  As related issues, the applicant is authorized additional awards.

3.  He participated in 3 campaigns during his service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show 3 bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

4.  General orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period in which he was assigned to the unit.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

5.  The applicant's DD Form 214, for the period ending 11 December 1963, shows he was previously awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1), which is not shown on his DD Form 214 for the period ending 7 December 1969.  Therefore, it would be appropriate to correct his last DD Form 214 to show it.   

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:

   a. amending item 24 of his DD Form 214, for the period ending 7 December 1969, to delete the VSM and add the:

* VSM with 3 bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)

   b. amending item 30 of his DD Form 214, for the period ending 7 December 1969, to:

* delete the entry "23 FEB 67 – 19 DEC 68 USARPAC"
* add the entry "SERVICE IN USARPAC (VIETNAM) FROM                 23 FEBRUARY 1967 TO 19 FEBRUARY 1968"


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 dates of service in Vietnam as 23 February 1967 to 5 March 1968. 



      _________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)                                         AR20100017975



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ABCMR Record of Proceedings (cont)                                         AR20120005979



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