IN THE CASE OF:	  

		BOARD DATE:  3 April 2014

		DOCKET NUMBER:  AR20130013262 


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 item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.

2.  The applicant states:

* he entered the Army Reserve in the spring of 1970 not on 11 March 1971
* his first duty assignment was at Fort Sill, OK, where he graduated from the Artillery Officer Basic Course
* he then spent one year in Vietnam with the 101st Airborne Division
* his final duty assignment was at Fort Dix, NJ
* he was discharged on 10 November 1971
* he just wants his records to reflect he served his country for a full year in South Vietnam 
 
3.  The applicant provides a copy of his DD Form 214.

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 second lieutenant in the U.S. Army Reserve (USAR) on 8 June 1969.  He was ordered to active duty and his DD Form 220 (Report of Active Duty) shows his effective date of entry on active duty was 
11 March 1970.  

3.  Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 17 July 1970 through 16 July 1971.  His DA Form 66 also shows he was assigned to Battery C, 2nd Battalion, 320th Artillery of the 101st Airborne Division during his assignment in Vietnam.   

4.  On 10 November 1971, he was released from active duty.

5.  His DD Form 214 shows in:

* Item 17c – he entered active duty on 11 March 1971
* Item 22a(1) (Net Service This Period) – he completed 1 year and 
      8 months
* Item 22c (Foreign and/or Sea Service) – he served 12 months in U.S. Army Pacific (USARPAC)/Vietnam (RVN)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – he received the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal with Oak Leaf Cluster, and two Overseas Service Bars 
      
6.  Item 30 (Remarks) of his DD Form 214 does not show any service in Vietnam.

7.  Records show he participated in two campaigns during his assignment in Vietnam. 

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 2nd Battalion, 320th Artillery was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Order 6, dated 1974.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

10.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 17c of his DD Form 214 is incorrect appears to have merit.

2.  Evidence shows he was ordered to active duty from the USAR on 11 March 1970.  The time from 11 March 1970 through 10 November 1971 equates to 
1 year and 8 months that is properly shown in item 22a(1) of his DD Form 214.

3.  In view of the foregoing, item 17c of his DD Form 214 should be corrected to show 11 March 1970.

4.  His contention he just wants his records to reflect he served his country for a full year in South Vietnam was noted.  Since the governing regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block, the entry on his DA Form 66 which shows he served in Vietnam from 17 July 1970 through 16 July 1971 is accepted as sufficient evidence on which to amend item 30 of his DD Form 214 by adding the entry "Vietnam Service:  17 July 1970 to 16 July 1971."  In addition, for clarity, it would be appropriate to correct item 22c of his DD Form 214 to show he served 1 year in Vietnam instead of 12 months.   

5.  His service in Vietnam entitles him to the Vietnam Service Medal with two bronze service stars for his participation in two campaigns.  Therefore, his DD Form 214 should be corrected to show these service stars.

6.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show this unit award.


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:

	a.  deleting the entry in item 17c of his DD Form 214 and replacing it with the entry "11 MAR 70;" 

	b.  deleting the entry in item 22c of his DD Form 214 and replacing it with the entry "1 0 0;" 

	c.  adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214; and 

	d.  adding the entry " Vietnam Service:  17 July 1970 to 16 July 1971" to item 30 of his DD Form 214.   



      _______ _  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)                                         AR20130013262





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130013262



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1