BOARD DATE:	 22 January 2013 

		DOCKET NUMBER:  AR20120009724 


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:

* 2 years of service in Vietnam
* awards for his Vietnam service

2.  The applicant states his DD Form 214 does not demonstrate his 2 years of service in Vietnam or his Vietnam awards.

3.  The applicant provides his DD Form 214 and a letter from the Army Review Boards Agency.

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 11 January 1967 and he held military occupational specialty 98C (Traffic Analyst).

3.  He was assigned to Headquarters and Headquarters Company (HHC), 509th Radio Research Group, Vietnam, from on or about 19 September 1967 to 13 September 1968 and again from on or about 15 August 1969 to 14 August 1970.

4.  General Orders (GO) Number 3704, issued by Headquarters, U.S. Army Vietnam, dated 10 August 1970, awarded him the Army Commendation Medal for meritorious service in Vietnam from August 1969 to August 1970.

5.  He was honorably released from active duty on 16 August 1970 and he was transferred to the U.S. Army Reserve (Control Group).  He completed 3 years, 7 months, and 6 days of total active service.

6.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and the Army Good Conduct Medal.

7.  His DD Form 214 also shows in:

* item 22c (Foreign and/or Sea Service) that he served a total of 1 year, 11 months, and 23 days in the U.S. Army Pacific theater
* item 30 (Remarks) that he served in Vietnam from 20 September 1967 to 13 September 1968

8.  His DA Form 20 (Enlisted Qualification Record) shows award of the:

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* four overseas service bars (items of uniform wear)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for 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.  A silver service star is authorized in lieu of five bronze service stars.  A review of his records shows he participated in eight campaigns during his two tours of duty in Vietnam.

10.  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 HHC, 509th Radio Research Group, was cited for award of the:

* Meritorious Unit Commendation for the period 1 October 1967 through 31 December 1968 by DA Department of the Army GO Number 14, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1970 through 3 March 1971 by Department of the Army GO Number 6, dated 1974

11.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the Remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served a second tour of duty in Vietnam from 15 August 1969 to 14 August 1970 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these additional dates of service in Vietnam.

2.  GO awarded him the Army Commendation Medal.  Therefore he is entitled to correction of his DD Form 214 to show this award.

3.  His DA Form 20 shows award of the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which are not shown on his DD Form 214.  His record confirms he participated in eight campaigns while serving in Vietnam.  This entitles him to one silver service star and three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

4.  His unit in Vietnam was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the periods he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 the following awards to his DD Form 214:

* Army Commendation Medal 
* Vietnam Service Medal with one silver service star and three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

* adding the following entry to item 30 of his DD Form 214:  "Vietnam Service:  15 August 1969-14 August 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)                                         AR20120009724



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ABCMR Record of Proceedings (cont)                                         AR20120009724



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