IN THE CASE OF:	  

		BOARD DATE:	  9 January 2014

		DOCKET NUMBER:  AR20130008625 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM).  Additionally, he requests his date of entry be added to item 17c (Date of Entry).

2.  He states his DD Form 214 does not show award of the ARCOM or his date of entry.

3.  He provides his DD Form 214; Special Orders Number 190, dated 9 July 1967; and General Orders Number 4670, dated 14 September 1967.

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 on 
18 November 1965.  He served in the Republic of Vietnam (RVN) from 22 August 1966 to 19 August 1967.  He served 1 year, 9 months, and 5 days on active duty and was honorably released from active duty on 22 August 1967.

3.  During his tenure in the RVN he was assigned to:

* Headquarters and Headquarters Detachment, United States Army Vietnam, from 31 August 1966 to 11 October 1966 
* Adjutant General Company, United States Army Vietnam from 12 October 1966 to 18 August 1967

4.  His DD Form 214 shows in:

a. 	Item 10c (Date Inducted), 18 November 1965

b.	Item 17 (Current Active Service other than By Induction), Item 17c, NA
(Not Applicable)

   c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) 

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  He provides Special Orders 190, dated 9 July 1967, that show his basic active service date/basic pay entry date as 18 November 1965.

6.  He provides General Orders Number 4670, dated 14 September 1967, that show he was awarded the ARCOM for meritorious service during the period August 1966 to August 1967.  These orders are also contained in his personnel records. 

7.  Army Regulation 635-5 (Separation Documents), in effect at the time establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It instructs the preparer, in pertinent part, to enter in part 10c, if applicable, the date of induction.  Enter the date entered on active duty or date enlistment or reenlistment in item 17c.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign.   His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

9.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, for award of the RVN Gallantry Cross with Palm Unit Citation to all individuals who served in Vietnam between 20 July 1965 and 28 March 1973 in a unit which was subordinate to Headquarters, United States Army Vietnam.   

DISCUSSION AND CONCLUSIONS:

1.  General orders verify he was awarded the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows the applicant was inducted into the Army of the United States versus enlisting.  Therefore item 10c reflects his induction date and item 17c shows that his entry date is not applicable since this block is for those Soldiers who enlist or reenlist.  Therefore, his DD Form 214, in regard to his date of entry, is correct as constituted.

3.   Records show he participated in two campaigns during his service in the RVN that entitles him to two bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  The evidence of record also shows he is entitled to wear the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.








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:

a. deleting from his DD Form 214 the VSM and

	b.  adding to his DD Form 214 the:

* ARCOM
* VSM with two bronze service stars
* RVN 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 date of entry in item 17c.  




      ___________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)                                         AR20130008625





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ABCMR Record of Proceedings (cont)                                         AR20130008625



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