IN THE CASE OF:
BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130007925
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 (Report of Separation from Active Duty) to show three overseas service bars.
2. He states:
a. He can only speculate that credit for Overseas Service Bars was miscalculated when it was entered into his military records. His DD Form 214 shows his periods of overseas service from 30 June 1965 through 4 April 1966 and 15 February through 27 August 1968. Adding these periods based on month of arrival and month of departure shows he should be given credit for 11 months of overseas service for his first tour and 7 months for his second tour with an accumulated total of 18 months. These calculations are based on the provisions of Army Regulation (AR) 670-1 (Wear and Appearance of Army Uniforms and Insignia) and AR 614-30 (Overseas Service).
b. He wants his DD Form 214 adjusted to reflect the correct number of overseas bars authorized. He wears his uniform on appropriate occasions and would like other fellow Soldiers and veterans to know that he was credited with more than 12 months overseas service. Additionally, his son and grandson are both combat infantry veterans of our most recent wars. His son is a retired command sergeant major (CSM) and his grandson is a sergeant (SGT) with plans on making the military a career. He would like for them and for future generations of his family to have the correct information
3. He provides copies of:
* his DD Form 214
* excerpt of AR 670-5
* excerpt of AR 614-30
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 appointed as a Reserve commissioned officer with concurrent call to active duty on 25 June 1963. He served in a variety of stateside or overseas assignments, he attained the rank of major (MAJ), and he retired from active duty in 1976.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in
item 5 (Oversea Service) he served in Vietnam from 30 June 1965 through
4 April 1966 and from 15 February through 27 August 1968. Two Overseas Service Bars are listed among his authorized awards.
4. His DD Form 214 lists two Overseas Service Bars among his authorized awards.
5. Army Regulation 670-1 governs the requirements for the overseas service bar. It states a bar is authorized for wear for each period of active Federal service for the specific time frames and areas of operation. For Vietnam service, one overseas service bar was authorized for each period of 6 months 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant is authorized three overseas bars for his service in Vietnam. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. His service from
30 June 1965 through 4 April 1966 should count as 11 months, and his service from 15 February through 27 August 1968 should count as 7 months. For the purposes of the Overseas Service Bar he served a total of 18 months in Vietnam and he is authorized one Overseas Service Bar for each 6 month period.
2. Therefore, his DD Form 214 should be corrected to show three Overseas Service Bars for his service in Vietnam.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 from his DD Form 214 for the period ending 31 July 1976 the entry two Overseas Bars and replacing it with the entry three Overseas Service Bars.
_______ _ 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) AR20100029337
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130007925
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070015131
The applicant requests, in effect, award of the Overseas Service Ribbon and/or the Overseas Service Bar. Item 24 does not show award of the Overseas Service Ribbon or the Overseas Service Bar. Paragraph 28-28d of Army Regulation 670-1 states, in pertinent part, that Soldiers are authorized wear of the overseas service bar as follows (periods selected are only those prior to or shortly after the applicant's military service): (1) One overseas service bar is authorized for each 6-month...
ARMY | BCMR | CY2010 | 20100029337
Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The applicant served a qualifying period of service for entitlement to two overseas service bars for his service in the Republic of Vietnam from 5 August 1965 to 31 July 1966. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2013 | 20130004479
It states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. One overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2008 | 20080017660
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show three awards of the Overseas Service Bar. 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. The applicants DD Form 214 does not show the Overseas Service Bar as an authorized award.
ARMY | BCMR | CY2009 | AR20080019238
For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Therefore, his records should be corrected to show these unit awards. Therefore, his records should be corrected to show this unit award.
ARMY | BCMR | CY2013 | 20130006111
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. Army Regulation 670-1 (Uniforms and Insignia) states that for Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. service in Vietnam from 1 July 1958 to 28 March 1973. As a result, the...
ARMY | BCMR | CY2007 | 20070003839
Records show that the applicant served a qualifying period of service as a member of the Armed Forces of the United States in the Republic of Vietnam for award of the Vietnam Service Medal. The evidence of record also shows that individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal. As a result, the Board...
ARMY | BCMR | CY2009 | 20090019371
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the applicant's awards as the Combat Infantryman Badge, Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and one Overseas Service Bar. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the...
ARMY | BCMR | CY2010 | 20100022979
For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 8 December 1965 through 11 September 1967 and his DD Form 214 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2012 | 20120016027
IN THE CASE OF: BOARD DATE: 6 December 2012 DOCKET NUMBER: AR20120016027 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his DD Form 214 the overseas service bar and the...