IN THE CASE OF:	   

		BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140001217 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam.

2.  The applicant states his DD Forms 214 have very little service data provided.

3.  The applicant provides:

* 2 DD Forms 214
* 2 pages of 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 was inducted into the Army of the United States on 23 January 1970.  On 28 January 1970, he was honorably discharged for immediate enlistment in the Regular Army (RA).  On 29 January 1970, the applicant enlisted in the RA.

3.  Item 27 (Military Education) of the applicant's DA Form 20 shows he successfully completed 10 weeks of training in 1970 and he was awarded military occupational specialty (MOS) 91A (Medical Corpsman). 

4.  His record contains:

   a.  USARV Form 560-R (Selection for Notification of Next of Kin), dated       28 August 1970 and authenticated by the applicant.  The form was completed by all Army personnel upon arrival in the Republic of Vietnam.

   b.  Special Orders Number 248, issued by Headquarters, 101st Airborne Division (Airmobile), dated 5 September 1970, that show he was reassigned to Headquarters and Headquarters Company, 3rd Battalion (Ambulance), 187th Infantry Regiment on 6 September 1970.
   
   c.  Letter Order Number 12-133, issued by Headquarters, 101st Airborne Division (Airmobile), dated 10 December 1970, that authorized him emergency leave to the Continental United States effective 11 December 1970.
   
   d.  DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 22 July 1971, which shows he received punishment under the UCMJ while at the U.S. Army Personnel Control Facility, Fort Riley, KS, for being absent without authority from the U.S. Army Overseas Replacement Station in Oakland, CA, from 22 June to 18 July 1971.

5.  On 1 September 1971, the applicant was discharged under the provisions of Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability) for unsuitability with an under honorable conditions discharge.  He completed 1 year, 6 months, and 13 days of total active service with 26 days of lost time.  

6.  The DD Form 214 he was issued at the time makes no mention of foreign service in item 22c (Foreign and/or Sea Service) and has "UNKNOWN" in items 23a (Specialty Number and Title), 23b (Related Civilian Occupation and D.O.T. Number), 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), and 25 (Education and Training Completed).  
7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation states for enlisted Soldiers list in:

   a.  Item 22c, the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed.
   
   b.  Item 23a, the MOS code number and title.  Also specify the first five characters of the MOS code, which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable.  

   c.  Item 24, all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.

   d.  Item 25, installation training courses, military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214.  

8.  Army Regulation 600-8-22 (Military Awards) provides that the:

	a.  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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive, Phase VII campaign.

	b.  National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

9.  Department of the Army General Orders Number 8, dated 1974, awarded 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's request for correction of his DD Form 214 to show his service in the Republic of Vietnam has been carefully considered and found to have merit.

2.  The available evidence shows the applicant arrived in the Republic of Vietnam on 28 August 1970 and he departed on emergency leave on 11 December 1970 (a period of 3 months and 14 days).  Therefore, he is entitled to correction of his record to show this service.

3.  Evidence shows the applicant successfully completed training and was awarded MOS 91A.  Therefore, he is entitled to correction of his record to show this training.              

4.  The available evidence shows the applicant completed a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The evidence revealed the applicant participated in one campaign during his service in Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with one bronze service star.

6.  Orders authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit during his period of service in Vietnam.  Therefore, 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 adding the following to his DD Form 214 for the period ending 1 September 1971:
   a.  adding to item 22c the entry "0 03 14"
   
   b.  adding to item 23a the entry "91A Medical Corpsman"
   
   c.  adding to item 24 the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	d.  adding to item 25 the entry "91A Medical Corpsman, 10 weeks, 1970."




      _______ _   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)                                         AR20140001217





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ABCMR Record of Proceedings (cont)                                         AR20140001217



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