IN THE CASE OF:	  

		BOARD DATE:  27 August 2013

		DOCKET NUMBER:  AR20120021568 


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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his initial foreign service tour in Vietnam.

2.  The applicant states he received additional documents to establish his initial tour in Vietnam.

3.  The applicant provides:

* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 22 October 2012
* Army Board for Correction of Military Records (ABCMR) decision memorandum, dated 20 July 2012, and Record of Proceedings, dated
12 July 2012
* Special Orders Number 25, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 25 January 1969
* Special Orders Number 69, issued by Headquarters, 9th Infantry Division, dated 10 March 1969
* Bronze Star Medal certificate for the period 11 March to 26 April 1969, dated 17 May 1969
* Army Commendation Medal certificate for the period 26 July to
1 September 1969, dated 27 November 1969
* General Orders Number 3880, issued by Headquarters, II Field Force Vietnam, dated 7 November 1969
* 
General Orders Number 7307, issued by Headquarters, 101st Airborne Division, dated 14 July 1971
* His Disposition Form request, subject:  Request for Service in the Republic of Vietnam, dated 12 May 1970
* Special Orders Number 24, issued by Headquarters, 3rd Brigade,
9th Infantry Division, dated 24 January 1970

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120002458 on 17 July 2012.

2.  During the original deliberations in this case the Board found that although it appeared the applicant served in Vietnam in 1969 prior to the period already listed on his DD Form 214, in the absence of additional documentary evidence the exact dates of his arrival to and departure from Vietnam of his initial tour in Vietnam were unknown.  As a result, the Board denied his request to add his initial tour in Vietnam to his DD Form 214.

3.  The applicant provides several orders, certificates, and letters which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and as such warrant consideration by the Board.

4.  The applicant enlisted in the Regular Army on 1 August 1968 and he continued to serve until he was honorably released from active duty on 23 July 1971 at the expiration of his term of service.  He completed 1 year, 11 months, and 23 days of total active service.  The DD Form 214 he was issued at the time, as corrected by a DD Form 215 (Correction to DD Form 214), dated 
18 September 2012, shows in:

* item 12c (Foreign and/or Sea Service) he completed 1 year, 8 months, and 29 days of foreign service in the U.S. Army Pacific (USARPAC)
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal
* Air Medal
* Army Commendation Medal (1st oak leaf cluster)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

* item 30 (Remarks) the entry "VN (Vietnam) Service:  22 Oct 70 - 
22 Jul 71"

5.  The Vietnam service in item 30 totals 9 months and 1 day of foreign service, which when deducted from the 1 year, 8 months, and 29 days shown in item 12c leaves a difference of 11 months and 28 days.

6.  The applicant provides:

	a.  Special Orders Number 25, dated 25 January 1969, directed multiple assignments which included his assignment to the U.S. Army Replacement Station, Fort Lewis, WA and follow on assignment to the U.S. Army Vietnam Transient Detachment, with a reporting date of 28 February 1969.

	b.  Special Orders Number 69, dated 10 March 1969, directed his reassignment from the 9th Adjutant General (AG) Administration Company to
Company D, 6th Battalion, 31st Infantry Regiment, with a reporting date of
10 March 1969.

	c.  A Bronze Star Medal certificate that awarded him the Bronze Star Medal for meritorious achievement in ground operations against a hostile force in Vietnam during the period 11 March through 26 April 1969.

	d.  An Army Commendation Medal certificate, dated 27 November 1969, and General Orders Number 3880, dated 7 November 1969, that awarded him the Army Commendation Medal for meritorious achievement in Vietnam during the period 26 July to 1 September 1969.

	e.  Special Orders Number 24, dated 24 January 1970, that directed the applicant's reassignment from Vietnam to the 24th AG Administration Company with a reporting date to the 90th Replacement Battalion, Long Binh, Vietnam on 27 February 1970.  It shows the applicant initially departed the United States (DDUS) on 1 March 1969 for this current assignment and that his date eligible for return from overseas (DEROS) as 1 February 1970.

7.  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 United States Army Human Resources Command, contains a copy of General Orders
Number 5357, issued by Headquarters, 9th Infantry Division, dated 7 May 1969, that awarded the applicant the Bronze Star Medal for outstanding achievement in Vietnam during the period 11 March to 26 April 1969.

8.  The orders provided by the applicant and the Bronze Star Medal orders contained in ADCARS, dated in 1969, show he was assigned to the
6th Battalion, 31st Infantry, 9th Infantry Division.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  Section III contains item-by-item instructions for completing the DD Form 214.  It states for:

* item 22c, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/ or Sea Service (USAREUR)"
* item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), currently in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in the Remarks section.

11.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

12.  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 6th Battalion, 31st Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 20 July 1970 by DAGO Number 55, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969 through 20 July 1970 1969 by DAGO Number 59, dated 1969

13.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The new evidence includes award and assignment orders that confirm the applicant's initial tour in Vietnam as he contends.  Specifically, Special Orders Number 24, dated 24 January 1970, confirms his DDUS as 1 March 1969
en route to Vietnam and he served until his DEROS on 28 February 1970.  This totals 11 months and 28 days foreign service, which when added to the 9 months and 1 day foreign service he completed during his last tour in Vietnam equals the 1 year, 8 months, and 29 days of foreign already reflected in item 22c of his
DD Form 214.  Accordingly, item 30 of his DD Form 214 should be corrected to show both of his tours of duty in Vietnam.

2.  Based on the applicant's composite service in Vietnam, he participated in five campaigns that entitle him to 1 silver service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this silver service star.

3.  Additionally, based on confirmation of his first tour of duty in Vietnam, his unit was cited for award of the two awards each of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these additional unit awards.

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 amendment of the ABCMR’s decision in Docket Number AR20120002458 dated 17 July 2012.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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

* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(3rd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (3rd Award)


	c.  deleting from item 30 of his DD Form 214 the entry "VN SERVICE:  22 Oct 70 - 22 Jul 71" and replacing it with the entry "SERVICE IN VIETNAM FROM 19690301 - 19700228 AND 19701022 - 19710722."



      _______ _  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)                                         AR20120021568



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ABCMR Record of Proceedings (cont)                                         AR20120021568



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