IN THE CASE OF:	 

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120010712 


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:

	a.  item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected;

	b.  the Bronze Star Medal (BSM) with First Oak Leaf Cluster with "V" Device be added to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized); and

	c.  his Vietnam service dates shown in item 30 (Remarks) be corrected to show he departed Vietnam on 9 July 1971.

2.  The applicant states:

* His U.S. Army Pacific (USARPAC) time is not correct in item 22c, he served in Vietnam from 9 July 1970 to 9 July 1971
* His date eligible for return from overseas (DEROS) is not correct in item 30, his DEROS was 9 July 1971
* Item 24 does not show he received the BSM with "V" Device or BSM with First Oak Leaf Cluster





3.  The applicant provides:

* DD Form 214
* Permanent change of station (PCS) orders
* Recommendation and orders for the BSM with "V" Device
* Orders and award certificate for the BSM with First Oak Leaf Cluster 
 
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 11 February 1970.  He arrived in Vietnam on 10 July 1970.  He served as an infantryman assigned to Company A, 1st Battalion, 61st Infantry in Vietnam from 30 July 1970 to 1 February 1971.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 61st Infantry in Vietnam from 2 February 1971 to 5 July 1971.  On 14 October 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 

3.  Item 22c of his DD Form 214 shows he served 10 months and 26 days in USARPAC.  

4.  Item 24 of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Good Conduct Medal
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  Item 30 of his DD Form 214 shows he served in Vietnam from 10 July 1970 to 5 July 1971.

6.  Orders, dated 11 May 1971, show he received the BSM with "V" Device for heroism on 20 September 1970 in Vietnam.

7.  Orders, dated 29 June 1971, show he received the BSM (First Oak Leaf Cluster) for meritorious service during the period July 1970 to July 1971. 

8.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 10 July 1970 through 5 July 1971, for a total of 11 months and 26 days.  His DA Form 20 also shows he departed Vietnam on 
5 July 1971 for Fort Lewis, WA in item 38 (Record of Assignments).

9.  He provided PCS orders, dated 5 July 1971, which show his DEROS as         9 July 1971.  

10.  Records show he participated in two campaigns during his assignment in Vietnam.

11.  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 the 1st Battalion, 61st Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders (DAGO) 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in DAGO 24, dated 1972

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 22c of his DD Form 214 is incorrect and that he served in Vietnam from 9 July 1970 to 9 July 1971.  However, evidence shows he served in Vietnam from 10 July 1970 to 5 July 1971, a total of 11 months and 26 days.  Therefore, item 22c of his DD Form 214 should be corrected to show he served 11 months and 26 days in USARPAC.

2.  Orders show he received two awards of the BSM, one award for valor.  His DD Form 214 should be corrected to show the BSM (2nd Award) with "V" Device.  

3.  He contends his dates of service in Vietnam are incorrect in item 30 of his DD Form 214 and his DEROS was 9 July 1971.  However, his DA Form 20 and DD Form 214 show he departed Vietnam on 5 July 1971.  It is acknowledged his PCS orders show a DEROS date of 9 July 1971 but this was the date he was eligible for return from overseas.  Apparently something happened (most likely a suddenly available airline seat) and he departed Vietnam earlier than that date.      

4.  He participated in two campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show this award.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  deleting the entry in item 22c of his DD Form 214 and replacing it with the entry " 0 11 26"; and

	b.   adding the BSM (2nd Award) and with "V" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.

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 amending item 30 of his DD Form 214.  



      _______ _   _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)                                         AR20120010712





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ABCMR Record of Proceedings (cont)                                         AR20120010712



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