BOARD DATE:   17 January 2013

		DOCKET NUMBER:  AR20120012288 


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 service in Vietnam and to show his date of entry as mid to late 1969 instead of 1971.

2.  The applicant states he served in Vietnam from January/February 1971 until September/October 1971.  He served in the central highlands delivering aircraft fuel between air bases.

3.  The applicant provides no additional evidence.

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.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he enlisted in the Regular Army on 25 February 1971 for a period of 2 years.  He completed training and was awarded military occupational specialty 64B (Heavy Vehicle Driver).

3.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  he served in Vietnam from 21 July 1971 through 19 April 1972, a period of 8 months and 29 days;

	b.  he was assigned to the 359th Transportation Company from 5 August 1971 through 6 April 1972; and

	c.  his awards as the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* one overseas service bar

4.  He was discharged under other than honorable conditions on 24 August 1973 as a private.  He completed 1 year, 9 months, and 6 days of total active service.

5.  The applicant's DD Form 214 shows in:

	a.  item 22c (Foreign and/or Sea Service), the entry "0  0  0" indicating no foreign service; and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal.

6.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, participation credit was awarded for the following three campaigns:

* Consolidation I (1 July-30 November 1971)
* Consolidation II (1 December 1971-29 March 1972)
* Vietnam Cease-Fire Campaign (30 March 1972-28 January 1973)

7.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

8.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

9.  Army Regulation 635-5 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 in item 30 (Remarks).

10.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show he served in Vietnam from January/February 1971 until September/October 1971 and to show his date of entry as mid to late 1969 instead of 1971.

2.  The evidence of record clearly shows the applicant served in Vietnam from 21 July 1971 through 19 April 1972, a period of 8 months and 29 days.  His DD Form 214 should be corrected to show this foreign service and it would also be appropriate to show this service in the item 30 of his DD Form 214.

3.  As related issues to his Vietnam service, the applicant is entitled to additional corrections to his DD Form 214.

4.  His DA Form 20 shows he was awarded or authorized the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  Records show he participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  During the applicant's assignment in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  The regulation governing the Board's operation requires that the ABCMR begins its consideration of each case with the presumption of administrative regularity unless the applicant can provide evidence to overcome that presumption.  There is no available evidence showing the applicant entered active duty prior to the date shown on his DD Form 214.  Therefore, this entry should not be corrected.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x______  __x______  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 "0  0  0" from item 22c of his DD Form 214 and replacing it with the entries "Vietnam" and "0  8  29";

	b.  adding the following awards to item 24 of his DD Form 214:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

	c.  adding the following entry to item 30 of his DD Form 214: "SERVICE IN VIETNAM FROM 21 JULY 1971-18 APRIL 1972."

2.  The Board further determined 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 correcting the date of entry on his DD Form 214 and to show he served in Vietnam from January/February 1971 until September/October 1971.



      ___________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)                                         AR20110004784



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120012288



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1