BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120011580 


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 discharge document to show his service in the Republic of Vietnam (RVN) and his awards and decorations.

2.  The applicant states that on or about 1 March 1968 he volunteered to serve in the RVN.  He arrived at Cam Ranh Bay, RVN, on or about 4 April 1968; he was assigned to Company C, 14th Engineer Battalion, 18th Engineer Brigade at Camp Evans; and he performed mine sweeping duties in direct support of the camp.

   a.  In mid-April 1969, he received orders that reassigned him to Fort Stewart, GA, as a driver/pump operator for a crash rescue unit.

   b.  He was discharged using temporary records and his discharge document does not show his RVN service or awards.  He adds that he received a couple of awards and his unit received several unit awards.

   c.  He requires this correction for purposes of obtaining veterans' benefits and for personal reasons.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) in support of his application.


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 enlisted in the Regular Army (RA) on 20 March 1967 for a period of 3 years.  He was awarded military occupational specialty 62E (Construction Machine Operator).

3.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant was honorably discharged from active duty on
12 December 1967 to reenlist in the RA.  He completed 8 months and 23 days of net active service this period.  It shows he was awarded the National Defense Service Medal.

4.  The applicant reenlisted in the RA on 13 December 1967 for a period of
4 years.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was separated on temporary records prepared by the "SPD FJSC" (Special Processing Detachment, Fort Jackson, South Carolina) on 16 April 1971.

   a.  Item 31 (Foreign Service) and item 41 (Awards and Decorations) are blank (no entries).
   
   b.  Item 38 (Record of Assignments) does not show any assignment information.

6.  A review of the applicant's military service records revealed the following documents that offer evidence of his service in the RVN:

   a.  two DA Forms 2627-1 (Records of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ), dated 16 November 1968 and 15 December 1968, that show the applicant was assigned to Company D, 14th Engineer Battalion (Combat), in the RVN and that he received nonjudicial punishment (NJP) for his misconduct on 10 November 1968 and 9 December 1968, respectively; and

   b.  two Standard Forms (SF) 600 (Chronological Records of Medical Care) that show he was assigned to Company D, 14th Engineer Battalion (RVN), and he received medical treatment:

* on 25 April 1968, at the Health Services Clinic, 15th Medical Battalion, 1st Cavalry Division (Airmobile)
* also on 30 July 1968, 28 November 1968, and 18 January 1969
* on 19 January 1969, and he was medically restricted to light duty for 72 hours

7.  The applicant was discharged on 27 April 1971 based on temporary records. His separation document contained no record of his service in the RVN or any awards.

8.  On 1 April 1976, the applicant was notified he was being awarded a clemency discharge pursuant to Presidential Proclamation 4313 of 16 September 1974.

9.  The applicant applied to the Army Discharge Review Board (ADRB) for review and upgrade of his discharge.  

   a.  The Record of Proceedings, Part IV (Pre-Hearing Review), shows, in part, "A lawyer's brief submitted with his request for clemency discharge states he served in RVN as a Combat Engineer from March 1968 to April 1969 and received a BSM [Bronze Star Medal].  RVN service is confirmed by two Articles 15 there, in November and December 1968."

   b.  On 11 July 1979, the applicant was notified that the Secretary of the Army reviewed the findings and conclusions of the ADRB and changed the applicant's discharge to Under Honorable Conditions (General).

   c.  The applicant's original 27 April 1971 DD Form 214 and DD Form 215 (Correction to DD Form 215), dated 5 February 1976, were voided and he was issued a new DD Form 214.

10.  The applicant's reissued DD Form 214 shows he was discharged under honorable conditions on 27 April 1971 under the provisions of Army Regulation 635-200, (Personnel Separations - Enlisted Personnel), chapter 10 (Discharge for the Good of the Service) and a DD Form 1953A (Clemency Discharge) was issued pursuant to Presidential Proclamation Number 4313.
   a.  He completed 2 years, 10 months, and 14 days of net active service this period and he had 181 days of time lost.

   b.  Item 18 (Record of Service), block f (Foreign and/or Sea Service This Period), and item 27 (Remarks) do not show any foreign service.

   c.  Item 19 (Indochina or Korea Service Since August 5, 1964) shows an "X" in the "No" block.

   d.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal.

11.  A review of the applicant's available military personnel records failed to reveal evidence that he was authorized or awarded any other awards or decorations.

12.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster does not show the applicant's name.

13.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any award orders pertaining to the applicant.

14.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

   c.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's service in Vietnam he participated in the following campaigns:

* 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)

   d.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

15.  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.

   a.  A review of the pamphlet failed to reveal that the applicant's unit was awarded any U.S. unit awards during his period of service in the RVN.

   b.  Paragraph 6d shows that Department of the Army General Orders Number 8 (1974) announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

16.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time the applicant's DD Form 214 was reissued, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  

	a.  Section II (Preparation of DD Form 214) contains guidance on the preparation of the DD Form 214.

	b.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Military Personnel Records Jacket, Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions show for:
    	(1)  item 18f:  enter total active duty outside continental limits of the United States for the period covered by the DD Form 214;

    	(2)  item 19:  for Vietnam service place an "X" in  the "Yes" block and show specific dates of service; and

	 	(3)  item 26:  this item covers the entire Army service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show all of the correct information, including his service in the RVN and all of his awards.

2.  The evidence of record shows the applicant received medical treatment while serving in the RVN on 25 April 1968 and that his last recorded medical treatment while in the RVN was on 19 January 1969, when he was medically ordered to
72 hours of light duty.  Thus, based on the available evidence, it may reasonably be concluded that the applicant departed the United States for overseas movement to the RVN as early as 24 April 1968 and that he returned to the continental United States on 23 January 1969.  A calculation of this period of foreign service shows:

	1969  01  23	date of redeployment
	- 1968  04  24	date of deployment to RVN
	=     00  08  29
	+                   1	day inclusive
	=     00  09  00	total foreign service

3.  Thus, it would be appropriate to show this foreign service in item 18f and
item 19 of his 27 April 1971 DD Form 214.

4.  The evidence of record shows:

	a.  the applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in Vietnam.  Thus, he is entitled to the Vietnam Service Medal with three bronze service stars;

   b.  the applicant qualified for award of the Republic of Vietnam Campaign Medal with Device (1960); and

	c.  general orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  In view of the foregoing, the applicant's 27 April 1971 DD Form 214 should be corrected to show his foreign service in the RVN and his awards and decorations, as recommended below.

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:

	a.  deleting from item 18f of his 27 April 1971 DD Form 214 the entry "0  0  0" and replacing it with the entry "00  09  00";

   b.  deleting from item 19 of his 27 April 1971 DD Form 214 the "X" in the "No" column and adding an "X" in the "Yes" column, along with the entry "24 April 1968 thru 23 January 1969"; and

	c.  adding to item 26 of his 27 April 1971 DD Form 214 the:

* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation




      _______ _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)                                         AR20120011580



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ABCMR Record of Proceedings (cont)                                         AR20120011580



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