IN THE CASE OF:	  

		BOARD DATE:	  27 June 2013

		DOCKET NUMBER:  AR20120021325 


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 request, in effect, the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 30 August 1972:

* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to show all of his awards
* Item 22c (Foreign and/or Sea Service) to show his service in Vietnam and Germany
* Item 30 (Remarks) to show his service in Vietnam and Germany

2.  The applicant states he would like his DD Form 214 to show:

   a.  his tours of duty in Vietnam and Germany.  He was assigned to Company D, 169th Engineer Battalion, U.S. Army Pacific Command (USARPAC), from 
12 December 1969 through 17 March 1970 and with Company C, 293rd Engineer Battalion, U.S. Army Europe (USAREUR). 

   b.  his travel destinations during his first year from Long Binh, Vietnam to Baumholder, Germany and back to Da Nang, Vietnam.  He was discharged under honorable conditions.  He served in Vietnam for 2 years and he served in Germany 1 month and 7 days.  He is applying for Agent Orange compensation and needs his DD Form 214 corrected for his claim.


3.  The applicant provides a copy of page 3 of his DA Form 20 (Enlisted Qualification Record), Item 38 (Record of Assignments).

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.  On 6 May 1969, the applicant enlisted in the Regular Army (RA), in pay grade E-1, for 3 years.  He completed training and was awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic).  He arrived in Vietnam on
9 December 1969 and he served in:

* Vietnam with Company D, 169th Engineer Battalion, from 12 December 1969 through 19 September 1970, during three campaigns
* Vietnam with Company C, 169th Engineer Battalion, from 20 September 1970 through 23 November 1970, during one campaign
* Germany from 11 January through 12 March 1971

3.  Special Orders Number 27 issued by Headquarters, 293rd Engineer Battalion, on 7 February 1971, honorably discharged him from active duty on 6 February 1971 for the purpose of immediate reenlistment.  His records are void of a 
DD Form 214 for this period of service.

4.  He reenlisted in the RA on 7 February 1971 for 6 years.  He served in MOS 11B (Light Weapons Infantryman).  He again served in Vietnam from:

* 11 May to 27 November 1971 with the 329th Transportation Company, during one campaign
* 28 November 1971 through 15 February 1972 with the 870th Transportation Company, during one campaign



5.  He was discharged in pay grade E-4 on 30 August 1972.  His service was characterized as under honorable conditions.  He was credited with completing 1 year, 2 months, and 25 days of net active service and time lost from 1 April to 4 August 1972.  

6.  His DD Form 214 does not list any awards.  Item 22c (Foreign and/or Sea Service) of this form shows he was credited with 1 month and 12 days of foreign service in USAREUR.  Item 30 of this form does not list his service dates in Vietnam; however, it states he was separated from the service on temporary records and a Soldier’s affidavit.

7.  Item 41 (Awards and Decorations) of his DA Form 20 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  On 20 May 1999, a Certification of Military Service was issued for his period of service from 6 May 1969 through 6 February 1971.  A DD Form 215 (Correction to DD Form 214) was also issued correcting the entry date on his 
DD Form 214 ending on 30 August 1972 to show 7 February 1971.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation established standardized policy for the preparation of the DD Form 214.  The instructions stated:

* Item 24 would list all awards for all periods of service verified by the Soldier's records
* Item 22c would list the total active duty outside the continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. USARPAC
* Item 30 would list the inclusive dates of service for Vietnam and indicate "Yes" or "No" for service in Indochina and Korea; the entry would state for Vietnam service only, "Vietnam – the dates, Indochina-Yes, Korea-No"
* There were no provisions for listing travel designations on the 
DD Form 214

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star denotes five bronze service stars.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 169th Engineer Battalion was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967-9 February 1970 by Department of Army General Orders (DAGO) Number 43, 1970.

12.  Department of the Army Pamphlet 672-3 also shows his unit, 329th Transportation Company, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March-9 October 1971 DAGO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). At the time of separation from active duty on 6 February 1971, it appears he may not have been issued a DD Form 214.  At the time of his separation on 
30 August 1972, he was separated on temporary records.  Therefore, he is entitled to correction to his DD Form 214 to show these awards.

2.  The evidence also confirms he served in Vietnam from 9 December 1969 through 23 November 1970 and from 11 May 1971 through 15 February 1972, during a total of six campaigns.  Therefore, he is entitled to award of one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

3.  There is no evidence of record he was issued a DD Form 214 for his period of service from 6 May 1969 through 6 February 1971.  In May 1999, a Certification of Military Service was issued for this period of service.  In view of his significant periods of service in Vietnam during this period, it would be equitable to correct his DD Form 214 ending on 30 August 1972 to show these periods of service in accordance with regulatory guidance.  

4.  General orders awarded his unit, the 329th Transportation Company, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for his period of service in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

5.  His DD Form 214 properly lists his service in Germany in Item 22c.  There are no provisions for listing travel destinations on the DD Form 214.  Therefore, he is not entitled to correction to his DD Form 214 to show his travel between Vietnam and Germany and return to Vietnam.

6.  In view of the foregoing, his records should be corrected as recommended below.

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:

* deleting the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214

* National Defense Service Medal
* Vietnam Service Medal with one silver service star and one bronze service star
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

* adding to Item 30 of his DD Form 214 the entry "Vietnam Service – 
12 December 1969 through 23 November 1970 and 11 May 1971 through 15 February 1972, Indochina-Yes, Korea-No"

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 showing his travel destination between Vietnam and Germany on 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)                                         AR20120021325



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120021325



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1