IN THE CASE OF:	  

		BOARD DATE:	  2 December 2013

		DOCKET NUMBER:  AR20130006728 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his service in Vietnam.

2.  The applicant states his DD Form 214 does not reflect his two tours in Vietnam from October 1969 to March 1971. 

3.  The applicant provides copies of his DD Form 214, orders transferring him to Vietnam, and orders transferring him to Germany. 

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’s official records, though somewhat incomplete, show that he was inducted on 29 April 1969 and was transferred to Fort Campbell, Kentucky to undergo his basic training.

3.  On 4 May 1969, he was honorably discharged for the purpose of enlisting in the Regular Army.

4.  On 5 May 1969, he enlisted in the Regular Army for a period of 3 years and training as a petroleum storage specialist.  He completed his basic training and was transferred to Fort Lee, Virginia where he completed his advanced individual training before being transferred to Vietnam on 11 October 1969.

5.  He was assigned to the 201st Aviation Company until he departed on 29 April 1971 for assignment to Germany.  He arrived in Germany on 4 June 1971 and remained there until 16 January 1972 when he was transferred to Fort Dix, New Jersey and was honorably released from active duty (REFRAD).  He had served a total of 2 years, 8 months, and 26 days of active service.

6.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal and the Good Conduct Medal. It also shows that he served 7 months and 7 days of foreign service.

7.  A review of the available records shows he was awarded the Army Commendation Medal (ARCOM) for meritorious achievement in Vietnam during the period 11 October 1969 to 10 March 1970.

8.  He served in six campaigns in Vietnam during the period of 11 October 1969 – 29 April 1971 for 1 year, 6 months, and 19 days of foreign service in Vietnam and a total of 2 years, 1 month, and 26 days of total foreign service.

9.  Army Regulation 600-8-22 (Military Awards) states 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation 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 is authorized in lieu of five bronze service stars.

10.  Army Regulation 600-8-22 states the Republic of Vietnam 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.  

11.  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 applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his service in Vietnam should be reflected on his DD Form 214 has been noted and found to have merit.  It appears that the applicant was separated on temporary records at the time and his service in Vietnam was not reflected on those records.

2.  Accordingly, the entry “Service in Vietnam 11 October 1969 – 29 April 1971” should be added to item 30 (Remarks) of his DD Form 214 dated 16 January 1972.

3.  The awards of the ARCOM, Vietnam Service Medal with one silver and one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation should be added to his DD Form 214.

4.  Additionally, the entry in item 22c (Foreign and/or Sea Service) should be corrected to reflect 2 years, 1 month, and 26 days of total foreign service. 

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 entry “0  7  7” from item 22c of his DD Form 214
* Entering the entry “2  1  26” to 22c of his DD Form 214
* Adding awards of the ARCOM, Vietnam Service Medal with one silver and one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation should be added to his DD Form 214
* Adding the entry  “Service in Vietnam 11 October 1969 – 29 April 1971” to item 30 of his DD Form 214

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)                                         AR20130006728





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ABCMR Record of Proceedings (cont)                                         AR20130006728



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