IN THE CASE OF:	  

		BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140010296 


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, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show foreign service in Vietnam for a period of 1 year, 3 months, and 17 days.

2.  The applicant states, in effect:

* his DD Form 214 only shows 3 months and 17 days of foreign service, but he actually spent more than a year in Vietnam
* he believes the dates of his service are from 29 October 1970 to 15 February 1972 (based upon his calculation of his period of service in Vietnam)
* he was not sure how to get this corrected and had trouble finding supporting documents
* he had had his DD Form 214 corrected in 1980, but that copy was lost
* when he asked for a replacement copy, what was sent did not show all of his service in Vietnam
* he was told his records may have been lost in a fire

3.  The applicant provides:

* DD Form 214
* Certificate of Appreciation
* Army Commendation Medal Certificate
* U.S. Army Vietnam Citation for the Army Commendation Medal
* General Orders (GO)
* DA Form 2349 (Military Pay Voucher)

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 (AUS) on 
29 October 1969.  After completing initial training, he was awarded military occupational specialty 91B (Medical Specialist).

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

	a.  Item 31 (Foreign Service) shows service in Vietnam for the period starting on or about 31 January 1971 and ending on or about 30 January 1972.  This period shows qualifying service for three campaigns:

* Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971)
* Consolidation I (1 July 1971 to 30 November 1971)
* Consolidation II (1 December 1971 to 29 March 1972)

	b.  Item 38 (Record of Assignments) shows the applicant as being enroute to Vietnam as of on or about 14 December 1970.  Another entry shows, as of on or about 5 February 1971, the applicant being assigned to the 541st Medical Detachment, 11th Aviation Battalion (Combat) in Vietnam.  He is shown as departing this unit on or about 9 February 1972.

4.  Special Orders (SO) Number 313, issued by Headquarters U.S. Army Training Center Engineer and Fort Leonard Wood, dated 9 November 1970, directs the applicant to the U.S. Army Overseas Replacement Station, Oakland, CA with a reporting date of 21 January 1971, and an ultimate assignment in Vietnam.

5.  His record contains an Standard Form (SF) 89 (Report of Medical History) and an SF 88 (Report of Medical Examination), both dated 3 December 1970 and both show the organization completing these reports as General Leonard Wood Army Hospital (GLWAH).  

6.  In his record is a DA Form 2658 (Health Record - Abstract of Service) which indicates Dental Clinic #2, Medical Company, GLWAH maintained the applicant's dental record until 3 December 1970.  Also there is another DA Form 2658 which shows Central Records, Medical Company, GLWAH held the applicant's medical records until 3 December 1970.  Another entry shows the 541st Medical Detachment maintaining his medical records from 8 February 1971 to 8 February 1972.

7.  GO Number 5515, dated 29 July 1971, issued by Headquarters, 1st Aviation Brigade, Vietnam, shows the award of the Air Medal to the applicant for the period 25 April 1971 to 26 June 1971.  

8.  The applicant reached the end of his commitment in the AUS on 
28 October 1971.  The record is void of any DD Form 214 or separation orders for his AUS period of service.

9.  SO Number 256, issued by Headquarters, 11th Combat Aviation Battalion, Vietnam, dated 13 September 1971, shows the applicant, effective 29 October 1971, as a member of the U.S. Army Reserve.  With this order he is activated for a five-month period to continue serving in the 541st Medical Detachment.

10.  GO Number 6750, issued by Headquarters, 1st Aviation Brigade, Vietnam, dated 11 October 1971, awards the applicant the Army Commendation Medal for the period October 1970 to October 1971.

11.  SO Number 39, issued by Headquarters, 11th Combat Aviation Battalion, Vietnam, dated 8 February 1972, directs the applicant to report to the 90th Replacement Battalion, U.S. Army Transfer Station, Oakland, CA.  The reporting date is 9 February 1972.

12.  GO Number 520, dated 18 February 1972, issued by Headquarters 1st Aviation Brigade, Vietnam, shows the award of the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force.  The date shown for his meritorious achievement is 7 October 1971.

13.  On 15 February 1972, the applicant was honorably released from active duty.  His DD Form 214 shows he completed 2 years, 3 months, and 17 days of total creditable active service.  Item 12 (Last Duty Assignment and Major Command) shows 441st Medical Detachment, 187th Aviation Company, U.S. Army Republic of Vietnam.  Item 22c (Foreign and/or Sea Service) is shown as "0/3/17" (3 months and 17 days).  Item 30 (Remarks) shows "RVN: 29 OCT 71 - 15 FEB 72."  He was awarded or authorized:

* Air Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with 1960 Device

14.  The applicant provides:

	a.  Certificate of Appreciation, dated 26 May 1971, issued by the Republic of Vietnam (RVN) Ministry of Health.

	b.  DA Form 2349 wherein he has highlighted a date (29 October 1970)  within item 6 (Service For Pay).  Under the heading for item 6 is shows "Years (YRS)" and a completion date (DATE COMP).  The entry for YRS shows "1" and under DATE COMP it shows "29 October 1970."  Item 8 (Pay Period) shows
 "1 - 31 Jul 71."

15.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, states item 31 of the DA Form 20 will show in chronological order each foreign service tour performed by the service member.  In the "FROM" entry, enter the date of departure from a Continental United States (CONUS) port.  In the "THROUGH" entry, enter the actual date of arrival at a port in CONUS upon return from the overseas service tour.

16.  Army Regulation 37-104-2 (Finance and Accounting for Installations Military Pay and Allowance Procedures), in effect at the time, provides guidance for military pay procedures and, in chapter 9, for the completion of DA Form 2349.  It identifies and defines items on the form as follows:

	a.  item 6, the left portion of this item will be used for entry of the years of service.  The date of completion of the last full year of service will be entered in the right portion of this item.

	b.  item 8 will show the inclusive dates covered by the particular military pay voucher.

17.  Army Regulation 600-8-22 (Military Awards) provides policy and guidance for awards and decorations.  It states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

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

	a.  This pamphlet shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974.

	b.  It also shows the 541st Medical Detachment was awarded, in DAGO 32, 1973, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1971 to 31 December 1971.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show his entire service in Vietnam.  He contends, in effect, he was there from 29 October 1970 until 15 February 1972 (these dates reflecting a period of 1 year, 3 months and 17 days of foreign service).  

	a.  He bases the start of his tour in Vietnam, in part, on a copy of a DA Form 2349 pay voucher which appears to show him receiving pay in Vietnam on 29 October 1970.  However, closer examination does not support this.

* he highlights item 6, titled "Service for Pay" which shows a "1" under YRS and a date of 29 October 1970 under "DATE COMP"
* Army Regulation 37-104-2 identifies item 6 as designed to show years of service as well as the date of the last full year of service completed
* the applicant was inducted on 29 October 1969 and had exactly one year of service for pay purposes on 29 October 1970
* item 8 is identified in Army Regulation 37-104-2 as showing the pay period for that pay voucher; this pay voucher shows a pay period of    1-31 July 1971, not October 1970
* the July 1971 timeframe fits within the dates of Vietnam service shown on his DA Form 20

	b.  He also uses the dates shown on his Army Commendation Medal citation which states the dates of his service are from October 1970 to October 1971.  Other evidence, however, suggests this timeframe was an error.

2.  The preponderance of evidence available in the record contradicts a tour starting date in October 1970:

* he received a physical at Fort Leonard Wood on 3 December 1970
* two DA Forms 2658 show medical and dental custodians at GLWAH released records on 3 December 1970
* SO Number 313 directs overseas travel and shows a reporting date of 21 January 1971 to the overseas transfer station
* his DA Form 20 shows his tour in Vietnam starting on 31 January 1971
* his DA Form 20 shows his reporting date to his unit as 5 February 1971 

3.  Given the foregoing, a more reasonable date for the start of his tour in Vietnam is 31 January 1971, the date shown on his DA Form 20.

4.  He uses the date shown on his DD Form 214, 15 February 1972, as the end date for his Vietnam tour.  Assuming administrative correctness, this date should be accepted as accurate.  Using the above two dates, the period of his service in Vietnam would therefore be 31 January 1971 to 15 February 1972 (a total foreign service period of 1 year and 16 days).  His DD Form 214 should be amended to show these dates and this period of time for his Vietnam service only in item 30.

5.  SO Number 256, issued by Headquarters, 11th Combat Aviation Battalion, Vietnam, dated 13 September 1971, showed the applicant, effective 
29 October 1971, as a member of the U.S. Army Reserve, and being activated for a five-month period.  A DD Form 214 should have been prepared for the period from his induction to his release to the U.S. Army Reserve.  The record, however, does not contain a DD Form 214 for this period (29 October 1969 to 
28 October 1971).  However, a certificate of service for this period should be prepared.

6.  The applicant’s record shows he has qualifying service for, and his DD Form 214 should be corrected to show, the following:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

7.  GO Number 520 awarded the applicant a second Army Commendation Medal.  His DD Form 214 ending 15 February 1972 should be corrected to show this award in addition to those awards shown above.

8.  Item 12 of the DD Form 214 shows his last unit as the 441st Medical Detachment; however, his record clearly reflect this unit's designation as the 541st Medical Detachment.  The entry is in error and should be corrected.

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 the DD Form 214 as follows:

	a.  deleting the entry in item 12 "441st MED DET 187th AVN CO USARV";

	b.  deleting the entry in item 30 "RVN:  29 October 1971 to 15 February 1972";

	c.  deleting the Vietnam Service Medal with two bronze service stars and the Army Commendation Medal;

	d.  issuing a certificate of service for the period 29 October 1969 through
28 October 1971;

	e.  adding in item 12 "541st MED DET 187th AVN CO USARV";

	f.  adding to item 30 "RVN:  31 JAN 71 - 15 FEB 72"; and

	g.  Adding the following awards:

* Army Commendation Medal (2nd Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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 showing the applicant’s dates of service in Vietnam as being from 29 October 1970 to 15 February 1972, and showing the period of Vietnam service as 1 year, 3 months, and 17 days in either item 22c or item 30.  




      __________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)                                         AR20140010296





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ABCMR Record of Proceedings (cont)                                         AR20140010296



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