IN THE CASE OF:	  

		BOARD DATE:	    17 September 2013

		DOCKET NUMBER:  AR20130001256 


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 the Republic of Vietnam (RVN) and his awards and decorations.

2.  The applicant states he would like his DD Form 214 to be an accurate record of his military service.

3.  The applicant provides a copy of his 13 September 1968 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 enlisted in the Regular Army (RA) on 10 November 1965 for a period of 3 years.  He was awarded military occupational specialty 76Y (Unit and Organization Supply Specialist).

3.  501st Field Depot, Granite City Army Depot, Granite City, IL, Special Orders Number 13, dated 1 February 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service):  Thailand from 16 March 1967 through 2 March 1968.
	
5.  A DD Form 214 shows the applicant was honorably discharged on 13 September 1968 for immediate reenlistment in the RA.  He completed 2 years, 10 months, and 1 day of net active service.  It also shows in:

	a.  item 22 (Statement of Service), block c (Foreign and/or Sea Service), the entry "Thailand" - 0 years, 11 months, and 17 days; and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar

6.  The applicant reenlisted in the RA on 14 September 1968 for a period of
3 years.

7.  A DA Form 20 (temporary record prepared on 14 October 1970) shows in:

	a.  item 38 (Record of Assignments):  509th Engineer Company (Panel Bridge), 20th Engineer Battalion (Combat), from 10 August 1970 through 
17 August 1971;

   b.  item 41:

* National Defense Service Medal
* RVN Campaign Medal

8.  A DD Form 214 shows the applicant entered active duty this period on
14 September 1968, was honorably released from active duty (REFRAD) on
18 August 1971, and transferred to the U.S. Army Reserve Control Group 

(Standby).  He completed 2 years, 9 months, and 13 days of net active service this period; 2 years, 10 months, and 1 day of other service; and 5 years,
7 months, and 14 days of total active service.  It also shows in:

	a.  item 22, block c, the entry "USARPAC" (i.e., U.S. Army Pacific) - 1 year, 0 months, and 17 days;

	b.  item 24:

* National Defense Service Medal
* Vietnam Service Medal
* 2 Overseas Service Bars

	c.  item 30 (Remarks):  "VN [Vietnam] Service:  1 August 1970 - 17 August 1971."

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
	
	a.  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.  Table B-1 contains a list of Vietnam Conflict campaigns and shows participation credit was awarded for the following campaigns during the applicant's service in Vietnam:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

	b.  The RVN 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.  

10.  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.  This pamphlet shows that at the time of the applicant's assignment to the 509th Engineer Company (Panel Bridge), the unit was awarded the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 6 (1974).

	b.  Paragraph 6d states that DAGO Number 8 (1974) announced award of the RVN 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.

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

12.  Army Regulation 635-5 (Separation Documents) 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 his or her military service at the time of separation.  It shows for:

   a.  item 22, block c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed (e.g., "Foreign and/or Sea Service:  "USARPAC");

   b.  item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein; and

   c.  item 30, in pertinent part, enter inclusive dates of service in Vietnam during current period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his 13 September 1968 DD Form 214 should be corrected to show his service in the RVN and all of his awards and decorations.

2.  Records show the applicant served in Thailand from 16 March 1967 to 
2 March 1968 and in Vietnam from 1 August 1970 to 17 August 1971.

3.  On 13 September 1968, the applicant was honorably discharged to reenlist in the RA.  At that time, he was issued a DD Form 214 that shows he served in Thailand and was credited with 11 months and 17 days of foreign service.  It also shows all of the awards and decorations that he was authorized at the time of discharge.

4.  The applicant reenlisted on 14 September 1968 and he was honorably REFRAD on 18 August 1971.  At that time, he was issued a DD Form 214 that shows he served in Vietnam from 1 August 1970 to 17 August 1971 and he was credited with 1 year and 17 days of foreign service.

5.  The applicant was issued two DD Forms 214 that cover his two separate periods of active service.  These DD Forms 214 also accurately show his foreign service in Thailand and Vietnam, respectively.  Thus, there is no basis for correcting the entries relating to his foreign service on either of his DD Forms 214.

6.  The applicant's service in the RVN qualified him for award of the Vietnam Service Medal.

	a.  The available records show he served in the RVN during the Vietnam Counteroffensive Phase VII and Consolidation I campaigns.

	b.  Therefore, it would be appropriate to correct his 18 August 1971 DD Form 214 to show the Vietnam Service Medal with two bronze service stars.

7.  General orders awarded the applicant's unit the RVN Civil Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with Palm Unit Citation.

8.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

9.  In view of the foregoing, it would be appropriate to correct the applicant's
18 August 1971 DD Form 214 to show his awards and decorations, 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 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:

	a.  deleting the Vietnam Service Medal from item 24 of his 18 August 1971 DD Form 214; and

	b.  adding the following awards to item 24 of his 18 August 1971 DD Form 214:

* Vietnam Service Medal with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar

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 overseas/foreign service.  




      ___________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)                                         AR20130001256



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130001256



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1