IN THE CASE OF:	  

		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140018189 


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 (Report of Separation from Active Duty), ending on 28 September 1971, to show he served in Vietnam from February to September 1971.

2.  The applicant states, in effect, his reissued DD Form 214 does not list his Vietnam service dates.

3.  The applicant provides a copy of his 1971 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.


2.  On 6 February 1969, the applicant enlisted in the Regular Army for 3 years.  He held military occupational specialty 64C (truck driver).  He served in Vietnam from 8 February through 26 September 1971, during two campaigns.  He was assigned to:

* Company B, 23rd Supply and Transport Battalion from 24 February through 21 May 1971
* Company A, 23rd Supply and Transport Battalion from 22 May through 23 September 1971

3.  Special Orders (SO) Number 260, issued by Headquarters, 23rd Infantry Division (Americal), dated 17 September 1971, reassigned him from the U.S. Army Pacific (USARPAC)/U.S. Army Vietnam to the U.S. Army Transfer Station, Fort Lewis, WA.

4.  On 28 September 1971, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), chapter 10, for the good of the service in lieu of court-martial, with service characterized as under other than honorable conditions.  He was issued a DD Form 214 which listed in:

* Item 22c (Foreign and/or Sea Service) – 7 months and 19 days and USARPAC 
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – "None"
* Item 30 (Remarks) – "Vietnam Service During Current Period of Service – 8 February 1971 through 26 September 1971"

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlistment Qualification Record) lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation – Deleted due to character of service at discharge

6.  On 31 May 1977, his 1971 UOTHC discharge was upgraded to general, under honorable conditions, under the Department of Defense (DOD) Review Program (Special).  The previously issued DD Form 214 was voided and he was issued a DD Form 214 which listed in:

* Item 18f (Foreign and/or Sea Service This Period) – 7 months and 19 days
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – "None"
* Item 27 (Remarks) – no service dates for Vietnam

7.  On 18 August 1987, a DD Form 215 (Correction to DD Form 214, Report of Separation from Active Duty), was issued adding to item 27 of his 1971 DD Form 214 the entry, "Discharge Reviewed Under the Provisions of Public Law 95-126 And A Determination Made That Change In Characterization Of Service Is Warranted By DOD Directive."

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of retirement, discharge, or release from active duty.  The regulations stated:

* Item 18f or 22c – would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USARPAC"
* Item 24 or 26 – would list all awards awarded or authorized during the period covered by the DD Form 214
* Item 27 or 30 – for service in Vietnam only, it would list the dates of service

9.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.

   b.  The Republic of Vietnam Campaign Medal is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who have served in Vietnam for a period of 6 months.

   c.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam from 8 February through 26 September 1971, a period of 7 months and 19 days.  Item 30 of the DD Form 214 issued at the time of his discharge on 28 September 1971 listed his Vietnam service dates.  In May 1977, his UOTHC discharge was upgraded to general and he was issued a corrected DD Form 214 which does not list his Vietnam service dates.  Therefore, item 27 of this form should be corrected to show his Vietnam service dates.

2.  During the processing of this case a review of his records revealed the following:

   a.  He was awarded the Vietnam Service Medal.  Based on his campaign credit in Vietnam, he is also entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

   b.  He completed a qualifying period of service for award of the Vietnam Campaign Medal.  Therefore, his DD Form 214 should be corrected to show this award.

   c.  In view of his upgraded discharge and GO awarding Headquarters, United States Army Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam, 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 to item 26 of his DD Form 214 for the period ending on 28 September 1971 the:

* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding to item 27 of this form the entry, "Vietnam Service During Current Period of Service – 8 February 1971 through 26 September 1971"



      _______ _   __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)                                         AR20140018189



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ABCMR Record of Proceedings (cont)                                         AR20140018189



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