IN THE CASE OF:	  

		BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130003687 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his service began when he was inducted on 28 July 1964 and that he was awarded the Bronze star Medal (BSM).

2.  The applicant states, in effect, that his DD Form 214 does correctly reflect that he was inducted on 28 July 1964 and served until he was honorably released from active duty (REFRAD) on 16 June 1967.  Additionally, it does not reflect his award of the BSM. 

3.  The applicant provides copies of his DD Form 214, DD Form 215, induction record, and orders awarding him the BSM.

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 was inducted into the Army of the United States (AUS) on
28 July 1964.  He completed basic training at Fort Polk, Louisiana and advanced individual training as a personnel specialist at Fort Lewis, Washington and he remained at Fort Lewis for his first duty assignment.  He was assigned to the
4th Administration Company, 4th Infantry Division and he was promoted to the pay grade of E-5 on 20 April 1966.

3.  On 31 May 1966 he submitted a request for an 11-month extension of his service in order to complete a normal overseas tour.  His request was approved on 1 June 1966.

4.  He was transferred to Vietnam with his unit on 9 July 1966 and he was promoted to the pay grade of E-6 on 27 February 1967.  He served in two campaigns and departed Vietnam on 12 June 1967.

5.  He was transferred to Oakland Army Base, California where he was honorably REFRAD as an overseas returnee on 16 June 1967.  His DD Form 214 issued at the time of his REFRAD shows that he had served 10 months and 19 days of active service during the period of 28 July 1966 to 16 June 1967 and that he had 2 years of prior active service.  It also shows that he was awarded the National Defense Service Medal, Good Conduct Medal (1st Award), Vietnam Service Medal and Vietnam Campaign Medal.

6.  General Orders Number 1482 issued by Headquarters, 4th Infantry Division on 21 June 1967 awarded the applicant the BSM for meritorious service during the period of August 1965 to June 1967.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

8.  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 4th Administration Company was cited for award 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 the period the applicant served with the unit.



DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted into the AUS on 28 July 1964 for a period of 
2 years of active duty as part of his statutory service obligation of 6 years.  During his active service he requested to be extended 11 months in order to deploy with his unit to Vietnam which was approved.

2.  His 2 years of active service in the AUS expired on 27 July 1966 and his service as an Enlisted Reservist (ER) on active duty began on 28 July 1966.  Accordingly, his DD Form 214 was prepared to reflect that he had served 2 years of prior active service and then served 10 months and 19 days as an ER who was voluntarily ordered to active duty.

3.  While his DD Form 214 was properly prepared at the time, it would serve to clarify the applicant’s service by making an entry in item 30 (Remarks) of his 
DD Form 214 to the effect “AUS service 19640728 – 19660727.”

4.  The applicant was awarded the BSM in duly-authenticated orders and is entitled to have that award entered on his DD Form 214.

5.  He also served in two campaigns in Vietnam and is entitled to wear two bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

6.  Additionally, his unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and those awards should be added to his DD Form 214 at this time. 

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 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 Vietnam Service Medal with two bronze service stars, BSM, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214
* Adding to item 30 of his DD Form 214 the entry “AUS service 19640728 – 19660727”

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20130003687



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ABCMR Record of Proceedings (cont)                                         AR20130003687



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