IN THE CASE OF:	 

		BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130021112 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first tour in Vietnam. 

2.  The applicant states, in effect, he completed two tours in Vietnam.  His first tour was from September 1967 to September 1968.  Only his second tour is shown on his DD Form 214. 

3.  The applicant provides page 1 of his 4-page DA Form 66 (Officer 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 records show he was appointed as a commissioned officer of the Army on 10 June 1966.  He entered active duty on 13 September 1966.  He completed the Field Artillery Officer Basic Course and the Ranger Course (from 22 June to 30 August 1967).  

3.  He provides page 1 of his 4-page DA Form 66 that shows he served in Vietnam and he was assigned as follows: 

* 1 September to 13 November 1967, Headquarters and Headquarters Battery (HHB), 7th Battalion, 9th Artillery
* 14 November 1967 to 31 May 1968, Battery B, 7th Battalion, 9th Artillery
* 1 June 1968 to an unknown date, Battery B, 2nd Battalion, 35th Artillery
* 26 January to 18 February 1971, U.S. Army Vietnam Transient Detachment
* 19 February to 19 July 1971, HHB, 6th Battalion, 11th Artillery (unclear unit, appears to be the 11th), 23rd Infantry Division
* 20 July 1971 to an unknown date, HHB, 1st Battalion, 14th Artillery (unclear unit, appears to be the 14th), 23rd Infantry 

4.  His records contain multiple contemporaneous DA Forms 67-5 (U.S. Army Officer Efficiency Report) that show he was assigned as follows: 

* 14 November 1967 to 31 May 1968, Battery B, 7th Battalion, 9th Artillery
* 1 June 1968 to 12 September 1968, Battery B, 2nd Battalion, 35th Artillery

5.  His DA Form 2-1 (Personnel Qualification Record), which was later created after his discharge from active duty and subsequent appointment in the U.S. Army Reserve (USAR), shows he served in:

* Vietnam, 1 October 1967 to 1 October 1968
* Germany, 17 September 1969 to 26 January 1971
* Vietnam, 28 February 1971 to 27 February 1972

6.  He was honorably discharged on 7 February 1972.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in:

* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: 

* National Defense Service Medal
* Ranger Tab
* Vietnam Service Medal
* Vietnam Campaign Medal with 1960 Device
* Two overseas service bars
* Bronze Star Medal with 1st Oak Leaf Cluster
* Army Commendation Medal
* Air Medal 
* Parachutist Badge

* item 30 (Remarks) the entry "Indochina:  Yes, Korea:  No, Vietnam: 28 February 1971 to 5 February 1972"  

7.  Subsequent to his discharge, he served in the USAR and he was promoted to lieutenant colonel (LTC).  He was transferred to the Retired Reserve on 4 January 1995.  He was ultimately placed on the Retired List in his retired rank of LTC on his 60th birthday in March 2004. 

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The version of the regulation in effect at the time stated to indicate Indochina and Korea service on or after 5 August 1964 by entering the inclusive dates of service in Vietnam and "Yes" or "No" for service in Indochina or Korea in item 30 of the DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  Appendix B shows that during his two periods of service in Vietnam, campaign participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

* 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 Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971
* Consolidation I, 1 July - 30 November 1971
* Consolidation II, 1 December 1971 - 29 March 1972

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his units in Vietnam were cited for various awards during his assignments to those units.  

	a.  7th Battalion, 9th Artillery (1 September 1967 to 31 May 1968) was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 3 November 1966 to 31 March 1970, based on Department of the Army General Orders (DAGO) Number 51, dated 1971.

	b.  2nd Battalion, 35th Artillery (1 June 1968 to on or about 12 September 1968) was also cited for award of Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 3 November 1966 to 31 March 1970, based on DAGO Number 51, dated 1971.

11.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed two periods of foreign service in Vietnam.  While his second tour (28 February 1971 to 5 February 1972) is listed on his DD Form 214, his first tour is not.  Page 1 of the 4-page DA Form 66 that he provides shows he served in Vietnam beginning on 1 September 1967.  However, his subsequent DA Form 2-1 shows he served in Vietnam from 1 October 1967 to 1 October 1968.  The exact dates are unknown.  He appears to have served in Vietnam from on or about 15 September 1967 to on or about 12 September 1968.  His 
DD Form 214 should be corrected to show this period of service. 

2.  He was awarded the Vietnam Service Medal.  Additionally, he participated in seven campaigns while serving in Vietnam; therefore, he is entitled to award of one silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  GO awarded his units in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (two awards) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.









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 adding to:

* Item 24 of his DD Form 214 the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (two awards), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Item 32, the entry "Service in Vietnam:  15 September 1967 to
12 September 1968"



      _______ _   _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)                                         AR20130021112



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ABCMR Record of Proceedings (cont)                                         AR20130021112



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