IN THE CASE OF:  

		BOARD DATE:  19 May 2015	  

		DOCKET NUMBER:  AR20140016551 


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 change his highest level civilian education attained; change his terminal date of Reserve obligation; delete an entry in item 11a (Type of Transfer or Discharge); add the Instructor Training Course, and to add the following awards:

* Army Good Conduct Medal (AGCM)
* Meritorious Unit Commendation (MUC)
* Presidential Unit Citation (PUC)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation

 2.  The applicant states he knew there were small errors on his DD Form 214 many years ago.  In 2014 he became aware of unit awards to which he was entitled and it enhanced his pride in his military service.  

3.  The applicant provides:

* orders
* two DD Forms 214
* a personal summary of his military service
* Associate in Arts Diploma
* DD Form 256A (Honorable Discharge Certificate)
* a personal letter


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                  25 July 1966.  He was discharged on 28 July 1966 for immediate enlistment after completing 4 days of total active service.  He acknowledged a 6-year service obligation to be completed on 24 July 1972.  

3.  He enlisted in the Regular Army on 29 July 1966.  He completed training and was awarded military occupational specialty 31M (Radio Relay and Carrier Operator).  

4.  His DA Form 20 contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the RVN beginning on 11 February 1967.

	b.  Item 32 (Civilian Education) shows he had completed 84 semester hours in Economics at the University of Missouri, Kansas City, MO as of 1966.

	c.  Item 38 (Record of Assignments) shows that during the period                  25 February 1967 to 4 February 1968 he served with Company B, 37th Signal Battalion (Support), 1st Signal Brigade, in the RVN.  

	d.  Item 41 (Awards and Decorations) shows the following:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  General Orders Number 31, issued by Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, dated 6 June 1969, show he was awarded the AGCM for the period 25 July 1966 to 24 July 1969.

6.  On 2 June 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 issued at that time shows in:

* item 11a – "Transferred to USAR (See 16)"
* item 16 (Terminal Date of Reserve Obligation) – "28 Jul 72"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): 

* NDSM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* RVN Campaign Medal with Device (1960)
* VSM
* Overseas Service Bars (2)

* item 30 – "2 1/2 Years College - Economics"

7.  He provides a diploma showing he was awarded an associate's degree prior to the start of his military service.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the VSM.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in three campaigns:  the Vietnam Counteroffensive, Phase II; Vietnam Counteroffensive, Phase III; and the Tet Counteroffensive.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

9.  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 37th Signal Battalion was cited for the following awards:

* MUC for the period 19 December 1966 through 30 September 1967 by Department of the Army General Orders (DAGO) Number 66, dated 1968
* PUC for the period 20 January 1968  through 1 April 1968 by DAGO 30, dated 1968

10.  DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.   Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflect the conditions as they existed at the time of separation.

	a.  It states to enter "Transferred to USAR (See 16)" in item 11a for Soldiers released from active duty with a remaining Reserve Obligation.

	b.  It states to enter service schools including major courses in item 25 (Education and Training Completed).

	c.  It states the highest civilian education level will be taken from the 
DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted into the Army of the United States on                       25 July 1966 with a 6-year service obligation and served 4 days before he was discharged for enlistment in the Regular Army.  Therefore, the terminal date of his Reserve obligation should reflect 24 July 1972.

2.  He completed the Instructor Training Course at the Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, on 4 October 1968.  Therefore, he is entitled to correction of his DD Form 214 to show this training. 

3.  He served with the 37th Signal Battalion during a period the unit was awarded the MUC and PUC.  All units in the RVN were cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Records show he was awarded the VSM and that he participated in three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his previously-awarded VSM.

5.  He had a remaining Reserve obligation at the time of his separation from active duty.  As such, the entry in item 11a of his DD Form 214 appears to be correct as shown.

6.  His DA Form 20 shows he had completed 84 semester hours of college by 1966.  However, he provides an Associate's degree Diploma and requests that his DD Form 214 show Associate's degree.  As such, there would be no harm in amending item 30 by amending the current civilian education entry to show "Associate's Degree."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 2 June 1969 by:

	a.  deleting the entry in item 16 and replacing it with the entry "24 Jul 72." 

      b.  deleting the VSM from item 24 and adding to item 24 the: 

* AGCM (1st Award)
* VSM with three bronze service stars
* MUC
* PUC
* RVN Gallantry Cross with Palm Unit Citation 


     c.  deleting the entry "2 1/2 Years College - Economics"  in item 30 and replacing it with the entry "Associate's Degree."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to deleting the current entry in item 11a.




      ____________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)                                         AR20140016551



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ABCMR Record of Proceedings (cont)                                         AR20140016551



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