IN THE CASE OF:	   

		BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130017197 


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 9 November 1988 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the commencement date of his period of active duty as 1975 vice 1978 and to show his award of the Bronze Star Medal.

2.  The applicant states that because the personnel department does both the orders and the DD Form 214 he did not think to check these items at the time of separation.

3.  The applicant provides copies of his first and last Regular Army DD Forms 214, a 28 April 1975 medical treatment record, and General Orders Number 14319 for the Bronze Star Medal.

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 on 4 April 1969 and enlisted in the Regular Army on 21 April 1969.  No DD Form 214 is of record for this period of active duty.  

3.  He was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 16 January 1972.  

4.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 14319 dated 6 December 1970 awarded the applicant the Bronze Star Medal.

5.  His 16 January 1972 DD Form 214 provides the following: 

   a.  2 years, 8 months, and 26 days of active duty this period, with 16 days of other active duty service;
    
   b.  award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); and
    
   c.  service in Vietnam from 23 February 1970 through 31 December 1970.

6.  The applicant again enlisted in the Regular Army on 21 March 1975 and served on active duty until 12 December 1978, with an immediate reenlistment on 13 December 1978.  His 20 March 1975 DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  His 12 December 1978 DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Good Conduct Medal.

8.  His DA Form 2-1 (Personnel Qualification Record - Part II) provides the following:

	a.  active duty service from 4 April 1969 through 16 January 1972 and continuous active duty service from 20 March 1975 through 9 November 1988;

	b.  award of the Noncommissioned Officers Professional Development Ribbon with Numeral 2, Army Achievement Medal, Vietnam Service Medal with three bronze service stars, Drill Sergeant Identification Badge, National Defense Service Medal, Army Service Ribbon, Army Good Conduct Medal (3rd award), Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Superior Unit Award, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); and

	c.  service in Vietnam during three campaign periods.

9.  The applicant's 9 November 1988 DD Form 214 provides the following:

	a.  active duty service from 13 December 1978 through 9 November 1988;

	b.  net service this period - 9 years, 10 months, 27 days;

   c.  prior active service - 6 years, 5 months, and 18 days;
    
   d.  prior inactive service - 3 years, 2 months, and 3 days;
    
   e.  award of the Army Service Ribbon, Overseas Service Ribbon (2nd award), National Defense Service Medal, "Vietnam Service Medal (3rd award)," Army Achievement Medal, Noncommissioned Officers Professional Development Ribbon with Numeral 2, Army Good Conduct Medal (3rd award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states:

	a.  Effective 15 August 1979, DD Forms 214 are not issued to enlisted service members who are discharged for immediate reenlistment.  (Note: Prior to that date a DD Form 214 was issued at the time of each reenlistment.)

   b.  All awards and decorations for period of service covered by DD Form 214, are to be listed in the priority sequence.  Each entry will be verified by the Soldier's records.  Abbreviations are not to be used.
   
11.  Army Regulation 600-8-22 (Military Awards) provides that:

   a.  The Vietnam Service Medal is awarded to all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  No person will be entitled to more than one award of the Vietnam Service Medal.
   
   b.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following three campaign periods the Vietnam Winter–Spring 1970; 1 November 1969 - 30 April 1970; DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.
   
DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant's reenlistment on 13 December 1978, a DD Form 214 was issued to reflect his period of service from 20 March 1975 through 12 December 1978.  The issuance of this DD Form 214 renders the applicant's request for the correction of commencement date on the 9 November 1988 DD Form 214 moot.  A copy of the 12 December 1978 DD Form 214 will be forwarded to the applicant.

2.  The applicant's award of the Vietnam Service Medal is incorrectly listed as the Vietnam Service Medal (3rd award).  Since a Soldier may receive only one Vietnam Service Medal, it appears that the entry was intended to show award of medal with three bronze service stars to document his participation in three campaign periods.  It is appropriate to correct this misleading entry.

3.  The applicant's award of the Bronze Star Medal, Army Superior Unit Award, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Drill Sergeant Identification Badge were omitted from his 9 November 1988 DD Form 214.  It is appropriate to correct the record by including these awards on his 9 November 1988 DD Form 214.

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 Vietnam Service Medal (3rd award) from the applicant's 9 November 1988 DD Form 214; and
   
   b.  showing that, in addition to the awards listed on the 9 November 1988 DD Form 214, the applicant is also authorized Bronze Star Medal, Army Superior Unit Award, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Drill Sergeant Identification Badge. 



      ____________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)                                         AR20130017197





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ABCMR Record of Proceedings (cont)                                         AR20130017197



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