BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120009974 


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 dates of service in Vietnam as "9 October 1969 to 31 October 1970" vice "9 October 1970 to 31 October 1970."

2.  The applicant states his dates of service in Vietnam are listed incorrectly.  He served in Vietnam beginning on 9 October 1969 and he completed a 3-week training course in Ben Hoa in 1969.

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 was inducted into the Army of the United States on 26 March 1969 and he held military occupational specialty 71B (Clerk Typist).

3.  Special Orders Number 117, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 14 May 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, issued Special Orders:

* Number 149, dated 23 June 1969, that awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Number 182, dated 29 July 1969, that awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)

5.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 9 October 1969 to 30 October 1970.  He was assigned to the
15th Administration Company, 1st Cavalry Division.

6.  He was honorably released from active duty on 1 November 1970 as an overseas returnee.  He completed 1 year, 7 months, and 6 days of total active service.  The DD Form 214 he was issued shows in:

	a.  Item 22c (Foreign and/or Sea Service) he completed 1 year and 23 days of foreign service in the U.S. Army Pacific (USARPAC).

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

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Bronze Star Medal
* Army Good Conduct Medal
* Army Commendation Medal

	c.  Item 30 (Remarks) shows he served in the Republic of Vietnam from 9 October 1970 to 31 October 1970.

7.  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 their 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 contains guidance on the preparation of the DD Form 214.  It states for:

* item 22c, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. "USARPAC"
* item 24, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* item 30, use this section for mandatory requirements when a separate block is not available and as a continuation entry

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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five 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)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  This pamphlet shows the 15th Administration Company was cited for award of the:

* Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972
* Meritorious Unit Commendation for the period 1 July 1969 through
31 March 1970 by DAGO Number 50, dated 1971
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 by DAGO Number 11, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 by DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970, based on DAGO Number 42, dated 1972

	b.  Paragraph 6 (Miscellaneous Information) states not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served in Vietnam from 9 October 1969 to
31 October 1970.  It appears an administrative error occurred during the preparation of his DD Form 214 when the beginning date of his service in Vietnam was inadvertently listed as 9 October 1970 vice 9 October 1969.  Therefore, his DD Form 214 should show his correct dates of service in Vietnam.

2.  As related issues, the applicant is eligible for awards based on his correct dates of service in Vietnam.

3.  Records show the applicant participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star.

4.  His unit in Vietnam was cited for one award of the Valorous Unit Award, one award of the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his
DD Form 214 should be corrected to show these unit awards.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).  Therefore, his DD Form 214 should be corrected to show these marksmanship badges
BOARD VOTE:

___x_____  ___x__  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

* deleting from item 24 of his DD Form 214 the Vietnam Service Medal
* adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with one silver service star
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

* deleting from item 30 of his DD Form 214 the entry "Republic of Vietnam: 9 October 1970 - 31 October 1970" and replacing it with the entry "Republic of Vietnam:  9 October 1969 - 31 October 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)                                         AR20120009974



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120009974



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1