IN THE CASE OF:	  

		BOARD DATE:	    20 January 2015

		DOCKET NUMBER:  AR20140010036 


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 U.S. Army from February 1970 to December 1971
* service in the Republic of Vietnam from January 1971 to August 1971

2.  The applicant states his service dates are reversed and his service in the Republic of Vietnam shows him arriving in Vietnam prior to entering service.

3.  The applicant provides no additional evidence. 

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 DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 16 February 1970.  He successfully completed training, was awarded military occupational specialty  12B (Combat Engineer), and was sent to the Republic of Vietnam.  Evidence shows he was assigned to Company A, 31st Engineer Battalion on 24 January 1971.

3.  His record contains a DA Form 2476 (Application for Separation - Hardship or Dependency), dated 15 November 1971, which shows he departed on leave from the Republic of Vietnam on 14 August 1971.  Upon being told about his father's health concerns the applicant requested a compassionate reassignment which was disapproved.  He subsequently applied for and was granted an honorable discharge due to dependency.

4.  On 7 December 1971, the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) for dependency.  He completed 1 year, 9 months, and 23 days of total active service with no lost time.  The DD Form 214 he received contains the following entries:

* Item 17c (Date of Entry) "15 Feb 70"
* Item 30 (Remarks) "Vietnam:  10 Jan 70 - 14 Aug 70"

5.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal
* Army Good Conduct Medal
* Purple Heart
* Bronze Star with "V" Device
* Combat Infantryman Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M14)
* an unnamed campaign

6.  Army Regulation 600-8-22 (Military Awards) provides that Department of the Army General Orders (DAGO) 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.
7.  Army Regulation 600-8-22 provides that 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.  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 following two campaigns:

* Vietnam Counteroffensive, Phase VII
* Consolidation I

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions his DD Form 214 should be corrected to list his dates of service in the Army as February 1970 to December 1971 and his service in the Republic of Vietnam as January 1971 to August 1971 have been carefully examined and found to have merit.

2.  It is evident that errors occurred with regard to the documentation of his service dates in the Army as well as in the Republic of Vietnam on his DD Form 214.  

   a.  The evidence of record shows the applicant enlisted in the Regular Army on 16 February 1970 and that he served honorably until his discharge on            7 December 1971; therefore, item 17c of his DD Form 214 should be corrected to show he enlisted on 16 February 1970.  However, that would also require a changing items 22a(1) (Net Service This Period), 22a(3) (Total), and 22b (Total Active Service) to show he had one less day of active duty service.  Since he did not specifically request these changes and the ABCMR does not leave an applicant worse off , items 17c, 22a(1), 22a(3), and 22b of his DD Form 214 will not be modified at this time.  

   b.  The applicant enlisted in the Regular Army on 16 February 1970.  Therefore, he could not have been serving in the Republic of Vietnam on          10 January 1970, as stated on his DD Form 214.  Clearly a typographical error occurred when entering his service in the Republic of Vietnam on his DD Form 214.  Therefore, item 30 of his DD Form 214 should be corrected to show his service in the Republic of Vietnam as 10 January 1971 to 14 August 1971. 

3.  As a related issue, the evidence of record also confirms that based on the applicant's service and campaign participation in the Republic of Vietnam he is entitled to two bronze service stars for wear with his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with two bronze service stars.
4.  DAGO Number 8 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:
 
   a.  deleting the Vietnam Service Medal and "Unnamed Campaign               (AR 672-5-1)" from his DD Form 214;

   b.  deleting the entry, "Vietnam:  10 Jan 70 - 14 Aug 70" from item 30 of his DD Form 214;
   
   c.  adding the following awards to his DD Form 214:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
   
d.  adding the entry, "Vietnam:  10 Jan 71 - 14 Aug 71" to item 30 of his           DD Form 214. 




      _______ _   _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)                                         AR20140010036





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ABCMR Record of Proceedings (cont)                                         AR20140010036



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