BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130016353 


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:

* his Vietnam service
* all awards and decorations he earned
* unspecified training in item 27 (Remarks)

2.  He states:

	a.  His DD Form 214 only shows award of the National Defense Service Medal.

	b.  There is no training listed in the remarks block of his DD Form 214.

	c.  He needs his Vietnam service indicated on his DD Form 214 to prove to the Department of Veterans Affairs (VA) that his medical conditions are related to exposure to Agent Orange.

3.  He provides:

* reassignment orders, dated 10 January 1969
* Military Assistance Command Vietnam Defense Force Certificate, dated 1 September 1969
* Joint Service Commendation Medal orders, dated 6 December 1969
* discharge/reenlistment orders, 17 February 1970
* Army Commendation Medal orders, 12 February 1971
* Noncommissioned Officers (NCO) Leadership Course Certificate of Completion, dated 25 February 1972
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) orders, dated 21 March 1972
* Army Good Conduct Medal (1st Award) orders, dated 12 February 1971
* Army Good Conduct Medal (2nd Award) orders, dated 11 January 1974
* Army Good Conduct Medal (2nd Award) orders, dated 1 September 1974
* DD Form 214 for the period ending 19 February 1976
* 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's military records are not available to the Board.  However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant DA Form 20 shows he enlisted in the Regular Army on 12 February 1968 and was discharged on 19 February 1970.  His DD Form 214 for this period is not available.

4.  He reenlisted in the Regular Army on 20 February 1970.

5.  His DA Form 20 shows in:

	a.  item 31 (Foreign Service) that he served in the Vietnam from 3 January 1969 through 25 March 1971 (a period of 2 years, 2 months, and 23 days) and in Germany from 30 April 1972 to 25 April 1974 (a period of 1 year, 11 months, and 26 days);

	b.  item 38 (Record of Assignments) that he was assigned to the U.S. Military Assistance Command Vietnam (MACV) in Vietnam from 11 January 1969 to 24 March 1971; and

	c.  item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Joint Service Commendation Medal, Army Commendation Medal, Army Good Conduct Medal, Republic of Vietnam Campaign Medal with Device (1960), four overseas service bars, and one service stripe.

6.  He provided the following award orders:

	a.  Headquarters, MACV, General Orders Number 6952, dated 6 December 1969, show he was awarded the Joint Service Commendation Medal for meritorious service in a joint command in Vietnam during January to December 1969.

	b.  Headquarters, MACV, General Orders Number 738, dated 12 February 1971, show he was awarded the Army Good Conduct Medal (1st Award) for the period 12 February 1968 to 11 February 1971.

	c.  Headquarters, MACV, General Orders Number 746, dated 12 February 1971, show he was awarded the Army Commendation Medal for meritorious service from January 1970 to February 1971.

	d.  U.S. Army Transportation Center and Fort Eustis Special Orders Number 56, dated 21 March 1972, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

	e.  Headquarters, U.S. Army Europe and 7th Army, General Orders Number 159, dated 11 January 1974, show he was awarded the Army Good Conduct Medal (2nd Award) for the period 12 February 1971 to 11 February 1974.

	f.  Southeastern Regional Recruiting Command, College Park, GA, General Orders Number 65, dated 1 September 1974, show he was awarded the Army Good Conduct Medal (2nd Award) for the period 12 February 1971 to 11 February 1974.

7.  He also provided a 10th Transportation Battalion Certificate of Completion, dated 25 February 1972, showing he completed the NCO Leadership Course.

8.  The applicant was honorably discharged on 19 February 1976.  His DD Form 214 shows in:

	a.  item 18f (Foreign and/or Sea Service This Period) that he completed 2 years, 10 months, and 15 days of foreign service;

	b.  item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign ribbons Awarded or Authorized) that he was authorized the National Defense Service Medal; and

	c.  item 27, the entry "Country of Last Oversea Service:  Germany."

9.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This regulation states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

10.  Army Regulation 600-8-22 states the Republic of Vietnam 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.

11.  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 unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 1 November 1968 to 30 June 1970 in Department of the Army General Orders Number 51, dated 1971.

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, MACV, and its subordinate units during the period 8 February 1962 to 28 March 1973.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  This regulation did not provide instructions to record Vietnam service or training or the overseas theater in which service was performed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Regular Army on 12 February 1968 and was discharged on 19 February 1970.  His service records are void of a DD Form 214 for this period of service.

2.  He reenlisted in the Regular Army on 20 February 1970 and was discharged on 19 February 1976.  The DD Form 214 issued for this period shows he completed 2 years, 10 months, and 15 days of foreign service.

3.  His DA Form 20 confirms he served in Vietnam from 3 January 1969 through 25 March 1971, a period of 2 years, 2 months, and 23 days.

4.  Although the governing regulation in effect at the time did not provide instructions to record Vietnam service in item 27 of the DD Form 214, there is no harm to the Army in adding his service in Vietnam from 3 January 1969 through 25 March 1971 to his DD Form 214.  Additionally, item 18f of his DD Form 214 should be amended to reflect an additional 1 year, 4 months, and 5 days of foreign service.

5.  Based on his service in Vietnam, he is authorized award of the Vietnam Service Medal with one silver service star (in lieu of five bronze service stars) and one bronze service star and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be amended to show these awards.

6.  His unit in Vietnam was cited for the Meritorious Unit Commendation during his period of assignment.  Additionally, all units that served in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  He provided orders showing he was awarded the:

* Joint Service Commendation Medal
* Army Commendation Medal
* Army Good Conduct Medal (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  Although he provided a certificate which shows he completed the NCO Leadership Course, the regulation in effect at the time did not provide guidance for recording training on the DD Form 214.

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 is 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 entry "02  10  15" from item 18f of his DD Form 214 for the period ending 19 February 1976 and replacing it with the entry "04  02  19";

	b.  adding the following awards to his DD Form 214 for the period ending 19 February 1976:

* Joint Service Commendation Medal
* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal with one silver and one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  adding of the entry "Vietnam Service:  3 January 1969 to 25 March 1971" to item 30 of his DD Form 214 for the period ending 19 February 1976.

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 correction of his DD Form 214 to show training.



      ___________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)                                         AR20130016353



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ABCMR Record of Proceedings (cont)                                         AR20130016353



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