IN THE CASE OF:    

		BOARD DATE:  25 June 2015	  

		DOCKET NUMBER:  AR20140018746 


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, in effect, the following:

* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Vietnam from "1 November 1969 through 30 June 1971" instead of "2 December 1969 through 9 November 1970"
* correction of item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) by removing the entry, "MOS [military occupational specialty] 91B (medical specialist)"
* award of:

* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states, in effect, he served in Vietnam from 1 November 1969 through 30 June 1971.  In effect, he did not serve in MOS 91B and was not transferred as a medic.  During his service with Battery D, 2nd Battalion, 320th Field Artillery Regiment, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Department of the Army General Orders (DAGO) Number 8, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 48, dated 1971. His military records show he participated in three campaigns in Vietnam.

3.  The applicant provides copies of his DA Form 20, pages 3 and 4.

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 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.  The applicant was inducted into the Army of the United States on 6 February 1969.  He was awarded MOS 13A (field artillery).  There is no evidence he was awarded a secondary MOS of 91B.

3.  His records contain the following:

* Special Orders (SO) Number 267, issued by Headquarters, 82nd Airborne Division on 18 October 1969, assigned him to the U.S. Army Overseas Replacement Station for further assignment to Vietnam with an Effective Date of Change of Strength Accountability (EDCSA) of 26 November 1969
* SO Number 337, issued by Headquarters, U.S. Army Vietnam Transient Detachment on 3 December 1969, showing his further assignment to the 101st Replacement Detachment; the orders show his arrival date as 4 December 1969 and his EDCSA date as 11 December 1969
* DA Form 20 which shows in:

* Item 31 (Foreign Service) - he served in Vietnam from 2 December 1969 through 8 November 1970 during three campaigns
* Item 38 (Record of Assignments) - he:

* was assigned to Battery D, 2nd Battalion (Airmobile), 320th Artillery, from 18 December 1969 through 14 July 1970, in MOS 13A and Headquarters and Headquarters Battery, 2nd Battalion (Airmobile), 320th Artillery, from 15 July through 4 November 1970, in MOS 91B
* received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service

* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 with the exception of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

* SO Number 308, issued by Headquarters, 101st Airborne Division (Airmobile) on 4 November 1970, assigning him to the Transfer Station for his permanent change of station as a Vietnam returnee

4.  He was honorably released from active duty, in pay grade E-4, on 11 November 1970, as an overseas returnee, and was transferred to the U.S. Army Reserve.  He was credited with completing 1 year, 9 months, and 6 days of active service.  His DD Form 214 lists in:

* Item 22c (Foreign and/or Sea Service) – 11 months and 8 days in USARPAC [United States Army Pacific]
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the:

* National Defense Service Medal
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bars M-14 and  M-16
* Vietnam Campaign Medal
* Parachutist Badge
* Vietnam Service Medal
* Purple Heart
* Bronze Star Medal
* two overseas service bars

* Item 30 (Remarks) – "Vietnam Service:  2 December 1969 through 9 November 1970"

5.  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 their retirement, discharge, or release from active duty.  The regulation stated:

* Item 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 – would list all awards awarded or authorized during the period covered by the DD Form 214
* Item 30 – for service in Vietnam only, it would list the dates of service

6.  Army Regulation 600-200 (Personnel General – Enlisted Personnel Management System), in effect at the time, prescribed instructions for preparing and maintaining the DA Form 20 and stated the instructions were applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year service entirely during the period 7 December 1941 through 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-marital.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.

9.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit Battery D, 2nd Battalion, 320th Artillery, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 May 1969 through 2 May 1970, by DAGO Number 48, dated 1971.

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.  GO awarded his unit in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

2.  The evidence of records shows he completed 1 year, 9 months, and 6 days of honorable service.  He received "excellent" conduct and efficiency ratings throughout his period of service.  He attained the rank of pay grade E-4 and served in Vietnam and was awarded the Purple Heart and Bronze Star Medal.  Therefore, it appears he met the criteria for award of the Army Good Conduct Medal (1st Award) for his period of service from 6 February 1969 through 11 November 1970 and its addition to his DD Form 214.

3.  He served in Vietnam during three campaigns; therefore, he is entitled to award of three bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

4.  With regard to correction of his DD Form 214 to show he served in Vietnam from 1 November 1969 through 30 June 1971:

   a.  The evidence verifies he served in Vietnam from 2 December 1969 through 9 November 1970, a period of 11 months and 8 days.  He was issued a DD Form 214 which properly documented that information.

   b.  There is no documentary or other evidence in his service personnel record and he provided none to indicate or show that he served in Vietnam on temporary duty or another basis during his period of active duty from February 1969 through November 1970.  In fact, he was released from active duty on 11 November 1970, prior to the end date he is requesting of 30 June 1971 for Vietnam service.

   c.  Therefore, there is insufficient evidence to support the requested relief.

5.  With regard to correction of Item 38 of his DA Form 20:

   a.  The evidence shows he served in Vietnam in MOSs 13A and 91B.  His record is void of any evidence showing he completed training and was awarded a secondary MOS of 91B during his period of service.  

   b.  The DA Form 20 is prepared and maintained for Active Army and U. S. Army Reserve enlisted personnel.  The form is a snapshot of a Soldier's personnel data as it was at the time it was produced or updated and it was used as an internal management tool to assist officials in processing a Soldier's assignments, reassignments, promotions, classification, and career progression. 

   c.  While there is no evidence showing he did not serve in MOS 91B during his service in Vietnam, after a Soldier is discharged, the DA Form 20 is not normally accessible by individuals other than the Soldier and making corrections to these forms generally provides no benefit.


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:

* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 6 February 1969 through 11 November 1970
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to this DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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:

* correcting item 30 of his DD Form 214 to show he served in Vietnam from 1 November 1969 through 30 June 1971
* correcting item 38 of his DA Form 20



      _______ _   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)                                         AR20140018746





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ABCMR Record of Proceedings (cont)                                         AR20140018746



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