BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130016349 


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 (Certificate of Release or Discharge from Active Duty) to show the Air Medal, Special Forces Tab, two tours in Vietnam, and assignment to the 5th Special Forces Group (Airborne).

2.  The applicant states the Air Medal he was issued on 4 May 1965 is not listed on his DD Form 214.  He also believes his DD Form 214 should show he was authorized the Special Forces Tab.

3.  The applicant provides:

* DD Form 214
* Air Medal Certificate and Citation
* DA Form 4037 (Officer Record)
* Special Forces Tab orders

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.  On 25 July 1963, after having prior enlisted service, the applicant was commissioned as a U.S. Army Reserve officer.

3.  His DA Form 2-1 (Personnel Qualification Record), item 9 (Awards, Decorations and Campaigns) shows the Air Medal, Vietnam Service Medal, and Overseas Service Ribbon which are not listed on his DD Form 214.

4.  His DA Form 2-1 further shows in item 5 (Oversea Service) he was credited with service in Vietnam from – 

* 18 June 1967 through 16 June 1968
* 12 August 1969 through 10 August 1970

5.  His Officer Record Brief shows he was authorized three awards of the Overseas Service Ribbon that are not listed on his DD Form 214.

6.  U.S. Army John F. Kennedy Special Warfare Center and School Permanent Order 70-28, dated 18 June 1987, awarded him the Special Forces Tab effective 18 June 1987.

7.  On 31 August 1982, he retired due to length of service in the rank of major after completing more than 22 years of active service.  The DD Form 214 he was issued shows he was awarded or authorized:

* National Defense Service Medal (1st Oak Leaf Cluster)
* Master Parachutist Badge
* Expert Infantryman Badge
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Jump Wings
* Army Commendation Medal (2d Oak Leaf Cluster)
* Presidential Unit Citation
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* Bronze Star Medal (2d Oak Leaf Cluster)
* RVN Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Armed Forces Reserve Medal
* Meritorious Unit Commendation
* Army Achievement Medal
* Meritorious Service Medal (2d Oak Leaf Cluster)

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is awarded in place of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Summer - Fall 1969 (9 June-31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.

	a.  The regulation in effect at the time did not provide for an entry specifying an individual's units of assignment in any overseas location.

	b.  The current version of this regulation states for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  His DA Form 2-1 shows he was awarded the Air Medal.  Therefore, he is entitled to have this medal added to his DD Form 214.

2.  Permanent orders awarded him the Special Forces Tab.  Therefore, he is entitled to have this award added to his DD Form 214.

3.  His Officer Record Brief shows he was authorized the Overseas Service Ribbon (3d Award).  Therefore, he is entitled to have this ribbon added to his DD Form 214.

4.  He was awarded the Vietnam Service Medal and he participated in seven campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with one silver service star and two bronze service stars.

5.  Based on the current regulatory policy there would be no harm in showing his two tours in Vietnam in the remarks block of his DD Form 214.

6.  There is no provision for showing units of assignment on the DD Form 214.  As such, he is not entitled to have his DD Form 214 corrected to show his assignment to the 5th Special Forces Group (Airborne).

7.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X___  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 the Vietnam Service Medal from his DD Form 214; 
   
   b.  adding the Air Medal, Special Forces Tab, Vietnam Service Medal with one silver service star and two bronze service stars, and Overseas Service Ribbon (3d Award) to his DD Form 214; and 
   
   c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN VIETNAM FROM 19670618 - 19680616 AND 19690812 - 19700810."
   


2.  The Board further determined 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 showing his assignment to the 5th Special Forces Group (Airborne).




      _______ _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)                                         AR20130016349



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ABCMR Record of Proceedings (cont)                                         AR20130016349



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