IN THE CASE OF:	  

		BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140008952 


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, correction of his DD Form 214 (Report of Separation from Active Duty) to show his service in the Vietnam and all awards to which he is entitled.  

2.  He states his DD Form 214 does not show his service in Vietnam; however, he was there in 1971.  He states his medals are not listed on his DD Form 214.  

3.  He provides orders, an Army Commendation Medal (ARCOM) Certificate, a letter of recommendation, and his DD Form 214 for the period ending 14 February 1977.

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.  On 29 July 1969, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman).  

3.  His records show he served in Korea from on or about 13 February 1970 through 12 March 1971.  He was subsequently assigned to duty in Germany.  

4.  On 13 May 1971, he was discharged to reenlist, which he did the following day.  The DD Form 214 issued at that time shows he had been awarded the Marksman Marksmanship Qualification Badge with Pistol Bar, National Defense Service Medal (NDSM), and Armed Forces Expeditionary Medal (AFEM).  

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

* item 31 (Foreign Service), he completed foreign service in – 

* U.S. Army Europe (USAREUR) from 1 April 1971 to 18 July 1971
* U.S. Army Pacific (USARPAC)/Republic of Vietnam (RVN) from 9 September 1971 through 22 March 1972

* item 38 (Record of Assignments), he was assigned to duty in Vietnam with two units – 

* Company H, 75th Rangers, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), from 16 September to 8 October 1971
* Company C, 2nd Battalion (Airmobile), 5th Cavalry, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), from 9 October 1971 to 16 March 1972

6.  He participated in two campaigns during his service in Vietnam.

7.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), issued the following orders announcing awards given to the applicant:

* Special Orders Number 230 Extract, dated 25 November 1971, awarded him the Combat Infantryman Badge (CIB) 
* General Orders (GO) Number 607, dated 4 March 1972, awarded him the ARCOM
* GO Number 630, dated 7 March 1972, awarded him the Air Medal (AM)

8.  On 9 April 1973, Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, Fort Riley, KS, issued GO Number 186 announcing award of the Army Good Conduct Medal (AGCM) to him for the period 29 July 1969 to 28 July 1972.  
9.  On 14 February 1977, he was discharged under honorable conditions.  He completed 7 years, 7 months, and 15 days of total active service with 338 days of time lost.  The DD Form 214 issued at that time shows in:

* item 18f (Foreign and/or Sea Service this Period) – "00  00  00"
* item 19 (Indochina or Korea Service Since August 5, 1964) – "NO" 
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – "NA"

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The Vietnam Service Medal (VSM) 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the VSM for participation in each campaign.  

	b.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	c.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

	a.  Company H, 2nd Battalion (Rangers), 75th Infantry, was cited for award of the Valorous Unit Award (VUA) for the period 10 April to October 1971, by Department of the Army GO (DAGO) Number 11, dated 1973.  

	b.  2nd Battalion, 5th Cavalry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 17 September 1965 to June 1972, by DAGO 54, dated 1974.  

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided instructions for completing the DD Form 214.  It stated it was of paramount importance that the information entered on the.DD Form 214 be complete, accurate, and in accordance with authorized entries.  It stated for:

* item 18f, in effect, that the required entry was self-explanatory
* item 19, for Vietnam service place an "X" in the "YES" block and show specific dates of service
* item 26, the item covered "the entire Army service"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was assigned to duty in Vietnam from on or about 9 September 1971 through 22 March 1972.  It would be appropriate to correct item 19 of his final DD Form 214 to reflect this service.  

2.  As a related issue, item 18f of his final DD Form 214 shows no foreign service.  He was serving in USAREUR when he reenlisted on 14 May 1971 and remained there until 18 July 1971 (2 months and 4 days).  He was then assigned to duty in USARPAC on 9 September 1971, where he remained through 22 March 1972 (6 months and 13 days).  It would be appropriate to correct his final DD Form 214 to show the 8 months and 17 days of foreign service he completed after he reenlisted. 

3.  Orders awarded him the AM, ARCOM, AGCM, and CIB.  He is entitled to correction of his final DD Form 214 to show these awards.  

4.  He completed a period of service qualifying for award of the VSM and he participated in two campaigns.  He also completed a period of service qualifying for award of the RVN Campaign Medal with Device (1960).  He is entitled to correction of his final DD Form 214 to show these awards.  

5.  He served in units during periods for which they were cited for award of the VUA and RVN Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his DD Form 214 to show these unit awards.

6.  At the time of his discharge in 1977, the regulation governing preparation of the DD Form 214 stated item 26 covered "the entire Army service."  Therefore, he is also entitled to correction of his final DD Form 214 to show the awards listed on his DD Form 214 for the period ending 13 May 1971.  



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 amending his DD Form 214 for the period ending 14 February 1977 to show in:

	a.  item 18f – "00  08  17"; 

	b.  item 19 – "Yes" and "Vietnam:  9 September 1971 – 22 March 1972"; and

	c.  item 26 – 

* AM
* ARCOM
* AGCM
* NDSM
* AFEM
* VSM with two bronze service stars
* RVN Campaign Medal with Device (1960)
* CIB
* Marksman Marksmanship Qualification Badge with Pistol Bar
* VUA
* RVN Gallantry Cross with Palm 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)                                         AR20140008952





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ABCMR Record of Proceedings (cont)                                         AR20140008952



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