IN THE CASE OF:	  

		BOARD DATE:  12 September 2013

		DOCKET NUMBER:  AR20130002103 


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 initially requested correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a 1st oak leaf cluster for an unspecified award.  He later clarified his application by requesting correction of his DD Form 214 to show his Vietnam service.

2.  The applicant states his Vietnam service was split between his DD Forms 214 and is causing confusion.

3.  The applicant provides a Standard Form 180 (Request Pertaining to Military Records), dated 14 January 2013.

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 on 2 December 1968 and held military occupational specialty 55B (Ammunition Storage Specialist).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  He served in Germany, U.S. Army Europe (USAREUR), from 21 May 1969 to 4 November 1969.  He served in Vietnam, U.S. Army Pacific (USARPAC), from 23 December 1969 to on or about 23 July 1971 and he was assigned to the 60th Ordnance Company from 27 December 1969 to 10 June 1971 and the 54th Ordnance Company from 11 June 1971 to 21 July 1971.

4.  While serving in Vietnam, he was honorably discharged on 10 June 1971 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows in:

* item 22c (Statement of Service – Foreign and/or Sea Service) – he completed 1 year, 5 months, and 18 days of foreign service
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and one overseas service bar
* item 30 (Remarks) – no entry for Vietnam service

5.  He reenlisted in the Regular Army on 11 June 1971.  He was discharged under honorable conditions on 9 May 1972.  His DD Form 214 for this period of service shows in:

* item 22c – 1 month and 14 days of foreign service
* item 24 – Vietnam Service Medal with one bronze service star and "Expert (Rifle)"
* item 30 – "Vietnam – 11 Jun 71 thru 23 Jul 71, Indochina – Yes, Korea – No"

6.  On 10 January 2010, he was issued a DD Form 215 (Correction to DD Form 214) that deleted award of the Vietnam Service Medal with one bronze service star and "Expert (Rifle)" and added the following awards:

* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

7.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service performed as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operations cited in Army Regulation 670-1 or an appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each 6-month period of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated for:

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

	b.  item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 41 (Decorations and Awards) of the individual's DA Form 20 (Enlisted Qualification Record), omitting authorities cited therein.

	c.  item 30, indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for the service in Indochina and Korea.  Where the records reflect assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "yes" for Indochina.  Sample entries are as follows:

* to show service in Vietnam only – "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No"
* to show service in Indochina (other than Vietnam) only – "Indochina – Yes, Vietnam – No, Korea – No"
* to show service in Korea only – "Indochina – No, Vietnam – No, Korea – Yes"


DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's DD Form 214 for the period ending 10 June 1971, item 22c shows he completed 1 year, 5 months, and 18 days of foreign service.

	a.  However, during the period covered by this DD Form 214:

* he was assigned in Germany from 21 May 1969 to 4 November 1969 – a period of 5 months and 14 days of foreign service
* he was assigned in Vietnam, USARPAC, from 23 December 1969 through 10 June 1971 (discharge date) – a period of 1 year, 5 months, and 18 days of foreign service
* he completed a total of 1 year, 11 months, and 2 days of foreign service and is entitled to correction of his DD Form 214 to show this service

	b.  Item 22c does not contain the entry "USAREUR" or "USARPAC."  Therefore, he is entitled to correction of his DD Form 214 to show "USARPAC," the last major overseas command/theater he served in.

	c.  Item 24 shows he was authorized one overseas service bar; however, he served in Vietnam for three 6-month periods during this period of service.  Therefore, he is entitled to correction of his DD Form 214 to show he was authorized three overseas service bars.

	d.  Item 30 does not list his Vietnam service.  Army regulations in effect at the time stipulated that entries referring to Vietnam service were mandatory.  Therefore, he is entitled to correction of this DD Form 214 for to add the entry:  "Vietnam – 23 December 1969 to 10 June 1971, Indochina – Yes, Korea – No."

2.  With respect to his DD Form 214 for the period ending 9 May 1972, item 24 does not contain an entry for the overseas service bar.  Therefore, he is entitled to correction of this DD Form 214 to show he was authorized three overseas service bars.


BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  amending his DD Form 214 for the period ending 10 June 1971 by:

* deleting the entry "01  05  18" from item 22c and replacing it with the entry "01  11  02"
* adding the entry "USARPAC" to item 22c
* deleting the entry "one overseas service bar" from item 24 and replacing it with the entry "three overseas service bars"
* adding the entry "Vietnam – 23 December 1969 to 10 June 1971, Indochina – Yes, Korea – No " to item 30

	b.  amending his DD Form 214 for the period ending 9 May 1972 by adding three overseas service bars to item 24.



      _______ _  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)                                         AR20130002103



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ABCMR Record of Proceedings (cont)                                         AR20130002103



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