IN THE CASE OF:	  

		BOARD DATE:	  8 January 2013

		DOCKET NUMBER:  AR20120011500 


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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 20 December 1966 be corrected to show his original date of enlistment and his award of the Bronze Star Medal (BSM). 

2.  The applicant states his DD Form 214 shows only the date he reenlisted and not his original enlistment date, and it does not reflect his award of the BSM.

3.  The applicant provides a copy of 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 served from 25 November 1956 to 21 January 1962 in the Virginia Army National Guard and the Marine Corps Reserve. 

3.  He enlisted in the Regular Army on 22 January 1962 for a period of 3 years and training as a military policeman.  He completed his basic training at Fort Jackson, South Carolina and his advanced individual training at Fort Gordon, Georgia before being transferred to Fort Huachuca, Arizona for his first assignment.  He was transferred to Italy on 24 November 1962 and on 18 March 1964 he was honorably discharged for the purpose of immediate reenlistment.  He had served 2 years, 1 month, and 27 days of active service and was issued a DD Form 214 to reflect his service during that period.

4.  On 19 March 1964, he reenlisted for a period of 3 years.  He departed Italy on 15 June 1965 and was transferred to White Sands Missile Range, New Mexico where he remained until he was transferred to Vietnam on 11 January 1966 for assignment to the 615th Military Police Company.

5.  On 17 January 1967, General Orders Number 216 issued by Headquarters, U.S. Army Vietnam awarded the applicant the BSM for meritorious service from January to December 1966.

6.  After serving in two campaigns he departed Vietnam on 17 December 1966 and was transferred to Fort Dix, New Jersey where he was honorably discharged as an overseas returnee on 20 December 1960.  He had served 2 years, 9 months and 2 days of active service this period for a total of 4 years, 10 months and 29 days of active service.  His DD Form 214 issued at the time of his discharge shows in block 19c that he entered active duty this period on 19 March 1964 and that he was awarded the Good Conduct Medal, Purple Heart, Vietnam Service Medal, Vietnam Campaign Medal, National Defense Service Medal, and the Navy Commendation Medal.

7.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provided that a DD Form 214 would be issued for each period of service for which an enlistment contract was prepared.  DD Form 214s were issued for immediate reenlistments as well.  Service performed prior to the issuance of the DD Form 214 in question was indicated in block 24 (Statement of Service) as appropriate. 

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, in this case the Vietnam Service Medal.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation (MUC) during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  It is apparent from his application that he may have forgotten he was issued a DD Form 214 for the period ending 18 March 1964 when he was discharged for immediate reenlistment that reflected his service up until that date.  A copy of that DD Form 214 will be provided to him.

2.  Accordingly, his DD Form 214 issued on 20 December 1966 correctly reflects his service at the time of his discharge.

3.  However, the applicant was awarded the BSM that was not included on his DD Form 214 at the time of his discharge.  Accordingly, it should be added at this time.

4.  The applicant also served in two campaigns and is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

5.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the MUC and they should be added to his DD Form 214 at this time.

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:

* Deleting the award of the Vietnam Service Medal from block 26 of his DD Form 214 for the period ending 20 December 1966
* Adding the awards of the Vietnam Service Medal with two bronze service stars, BSM, MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 for the period ending 20 December 1966

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 changing the date in block 19c of his DD Form 214 dated 20 December 1966.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.  




      _______ _   _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)                                         AR20120011500





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ABCMR Record of Proceedings (cont)                                         AR20120011500



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