IN THE CASE OF:	  

		BOARD DATE:  2 October 2012

		DOCKET NUMBER:  AR20120006357 


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:

* he served in Vietnam for 2 years from January 1968 to January 1969 and September 1969 to September 1970
* four in lieu of three overseas service bars

2.  The applicant states the dates of service in Vietnam are incorrect and the number of overseas service bars is also incorrect. 

3.  The applicant provides 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 records show he enlisted in the Regular Army on 14 September 1967 and he held military occupational specialty (MOS) 62B (Engineer Equipment Repairman).  

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he completed the following periods of foreign service:

* U.S. Army Pacific (USARPAC) - Vietnam, 15 March 1968 to 14 March 1969
* U.S. Army Europe (USAREUR) - Germany, 25 April 1969 to 31 July 1969
* USARPAC - Vietnam, 12 September 1969 to 6 September 1970

4.  Item 38 (Record of Assignment) of his DA Form 20 shows:

* He departed continental United States (CONUS) enroute to USARPAC on 28 February 1968
* He was assigned to the 517th Engineer Company, Vietnam, on 20 March 1968; he had arrived in Vietnam on 15 March 1968
* He departed Vietnam enroute to CONUS on 7 March 1969
* He departed the 94th Engineer Battalion (Germany) enroute to Vietnam on 31 July 1969
* He was assigned to the 168th Engineer Battalion, Vietnam, from 16 September 1969 to 31 March 1970
* He was assigned to Company D, 554th Engineer Battalion from 1 April to 3 September 1970
* He departed Vietnam enroute to CONUS on 3 September 1970

5.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 7 September 1970.  He completed 2 years, 11 months, and 24 days of creditable active service with no lost time.  His DD Form 214 shows in:

   a.  item 22c (Foreign and/or Sea Service) - he completed 2 years, 2 months, and 14 days of foreign service, with an entry to see item 30 (Remarks)

   b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* 
3 overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and 
M-16)
   
   c.  Item 30 (Remarks) he served in Vietnam from 12 September 1969 to 6 September 1970 and from 15 March 1968 to 14 March 1969

6.  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

7.  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.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Appendix B shows that during the applicant's two periods of service in Vietnam, campaign participation credit was awarded for the below campaigns.   A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* 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

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service in Vietnam with the 517th Engineer Company (20 March 1968 to 7 March 1969), the unit was awarded the:

* Valorous Unit Award for actions from 8 February to 15 September 1968, based on Department of the Army General Orders (DAGO) Number 53, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 31 December 1968 to 9 February 1970 based on DAGO Number 43, dated 1970

10.  Department of the Army Pamphlet 672-3 shows that during his service in Vietnam with the 168th Engineer Battalion (16 September 1969 to 1 April 1970), the unit was awarded the:

* Meritorious Unit Commendation for service from 1 July 1969 to 28 February 1970, based on DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 3 August 1967 to 9 February 1970 based on DAGO Number 43, dated 1970

11.  Department of the Army Pamphlet 672-3 shows that during his service in Vietnam with Company D, 554th Engineer Battalion (1 April to 3 September 1970), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 30 September 1970 based on DAGO Number 5, dated 1973.





DISCUSSION AND CONCLUSIONS:

1.  The applicant completed two periods of service in Vietnam:

a. His service records show he first served in Vietnam from 15 March 1968 
to 14 March 1969 and he then served again from 12 September 1969 to 
6 September 1970.  Both periods of service are correctly listed in item 30 of his DD Form 214.

	b.  His contention that he began his first period of service in Vietnam in January vice March 1968 is not supported by the evidence of record.  His DA Form 20 shows he departed CONUS enroute to Vietnam on 23 February 1968.  He could not have arrived in January 1968.

	c.  Therefore, with respect to his dates of service in Vietnam, there is insufficient evidence to grant him this portion of the requested relief.

2.  His two periods of service in Vietnam, however, from March 1968 to March 1969 and from September 1969 to September 1970 entitle him to four overseas service bars and he should have his DD Form 214 corrected accordingly.

3.  General orders awarded his units of assignment in Vietnam the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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

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:

* deleting the Vietnam Service Medal and 3 overseas service bars
* adding the:

* Vietnam Service Medal with one silver and four bronze service stars
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* 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 dates of 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)                                         AR20120006357



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ABCMR Record of Proceedings (cont)                                         AR20120006357



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