IN THE CASE OF:	  
-
		BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140014385 


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 in:

   a.  item 10c (Date Inducted) he was inducted into the Army of the United States (AUS) on 29 January 1969 instead of 29 January 1970.
   
   b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.

2.  The applicant states he was inducted into the AUS in 1969, not 1970.  The RVN Gallantry Cross with Palm Unit Citation was awarded by the Government of South Vietnam to all U.S. Forces members

3.  The applicant provides his DD Form 214.

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 47 (Record of Induction) and Special Orders Number 20, dated 29 January 1969, both show he was inducted into the AUS on 29 January 1969.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 11 (Enlisted, Inducted, Reenlisted, Extended, and /or Ordered to Active Duty), he was inducted into the AUS on 29 January 1969;
   
   b.  item 31 (Foreign Service), he served in the RVN from 30 June 1969 through 1 September 1970;
   
   c.  item 38 (Record of Assignments), he was assigned to Company B, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade during his assignment in the RVN; and
   
   d.  item 41 (Awards and Decorations), no entry indicating he was issued the RVN Gallantry Cross with Palm Unit Citation.
   
4.  He was honorably released from active duty on 3 September 1970 after completing 1 year, 7 months, and 5 days of total active service.

5.  His DD Form 214 shows in:

	a.  item 10c, he was inducted into the AUS on 29 January 1970; and

	b.  item 24, he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Army Commendation Medal (Second Oak Leaf Cluster), Combat Infantryman Badge, and Army Good Conduct Medal.

6.  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:

	a.  RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by Department of the Army General Order Number 51, dated 1971.

	b.  RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by Department of the Army General Order Number 51, dated 1971.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  Appendix B shows that during his service in Vietnam, he participated in the following four campaigns:

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was inducted into the AUS in 1969, not 1970 is acknowledged and determined to have merit.

2.  The applicant's enlistment contract and induction orders both confirm he was inducted into the AUS on 29 January 1969.  However, his DD Form 214 reflects he was inducted on 29 January 1970.  Therefore, it would be appropriate to amend item 10c of his DD Form 214 to reflect he was inducted on 29 January 1969.

3.  The applicant's unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.

4.  The applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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 from item 10c of his DD Form 214 the current entry and replacing it with the entry "29 JAN 69"; and

	b.  deleting from item 24 of his DD Form 2214  the entry "Vietnam Service Medal" and adding the – 

* Vietnam Service Medal with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation



      ____________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)                                         AR20140014385





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ABCMR Record of Proceedings (cont)                                         AR20140014385



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