IN THE CASE OF:	  

		BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130007192 


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 dates of service in Vietnam be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 November 1969. 

2.  The applicant states:

* he served in Vietnam from February 1970 to December 1970
* he received the Bronze Star Medal (BSM), Army Commendation Medal (ARCOM), and Republic of Vietnam Campaign Medal with Device (1960)
* he did not receive credit on his DD Form 214 for the period ending 
      17 November 1969
* he is applying for Department of Veterans Affairs (VA) healthcare  

3.  The applicant provides:

* VA Form 119 (VA Report of Contact)
* DD Form 214 for the period ending 17 November 1969
* DA Form 20 (Enlisted Qualification Record)

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 17 March 1969 for a period of 
2 years.  He completed his training and was awarded military occupational specialty 12A (pioneer).  On 17 November 1969, he was honorably discharged for immediate reenlistment.

3.  His DD Form 214 for the period ending 17 November 1969 does not show any service in Vietnam.

4.  He reenlisted on 18 November 1969 for a period of 3 years.  

5.  His DA Form 20 shows he arrived in Vietnam on 8 February 1970.

6.  Orders, dated 1 September 1970, show he received the ARCOM for meritorious achievement in Vietnam during the period 8 February 1970 to 
24 August 1970.

7.  Orders, dated 8 November 1970, show he received the BSM for meritorious service in Vietnam from January 1970 to November 1970.

8.  His DA Form 20 shows he departed Vietnam on 18 December 1970. 

9.  Records show he participated in three campaigns during his assignment in Vietnam.

10.  Special Orders Number 187, dated 25 September 1972, show the applicant was released from active duty (REFRAD) on 6 October 1972.

11.  The available records do not contain a DD Form 214 covering the period 
18 November 1969 through 6 October 1972.

12.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The version in effect at the time stated that a DD Form 
214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued.  It also stated that effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that 
all service would be continuous from the date the last DD Form 214 was issued.  Prior to 1 October 1979, a DD Form 214 was prepared when a Soldier was discharged for the purpose of immediate reenlistment.

13.  Army Regulation 635-5 also states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.

14.  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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

15.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his REFRAD, retirement, or discharge.  

2.  The evidence shows the applicant reenlisted on 18 November 1969, he served in Vietnam from February 1970 to December 1970, he participated in three campaigns, he received the BSM, ARCOM, and Republic of Vietnam Gallantry Cross with Palm Unit Citation for his service in Vietnam, and he was REFRAD on 2 October 1972.  Although there is no DD Form 214 for this period on file in his official military personnel file, administrative regularity is presumed.  

3.  Since he served in Vietnam after his discharge on 17 November 1969, there is no basis for adding this service to his DD Form 214 for the period ending 
17 November 1969.  

4.  However, he should be provided a Transcript of Military Record which shows his service in Vietnam and Vietnam awards (ARCOM, BSM, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation).
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 providing him a Transcript of Military Record which shows he served in Vietnam from 8 February 1970 to 18 December 1970 and was awarded the Army Commendation Medal, Bronze Star Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

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 adding his dates of service in Vietnam to his DD Form 214 for the period ending 17 November 1969.  




      _______ _   _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)                                         AR20130007192





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ABCMR Record of Proceedings (cont)                                         AR20130007192



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