BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150000089 


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 show his foreign service in Vietnam.

2.  The applicant states he served in Vietnam from October 1968 to October 1969.

3.  The applicant provides:

* DD Form 214 for the period ending 13 September 1971
* certificate and general orders for award of the Bronze Star Medal 

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 enlisted in the Regular Army on 12 December 1967 and held military occupational specialty 05H (Morse Interceptor). 

3.  He served in Vietnam from on or about 29 October 1968 to on or about 24 October 1969, a period of 11 months and 26 days.  He was assigned to the 372d Radio Research Company. 

4.  He served in Germany under U.S. Army Europe (USAREUR) from on or about 17 January 1971 to on or about 16 August 1971, a period of 7 months. 

5.  He was honorably released from active duty on 13 September 1971.  His DD Form 214 shows he completed 3 years, 9 months, and 2 days of creditable active service with no lost time.  His DD Form 214 also shows in:

* item 22c (Foreign and/or Sea Service), he completed 1 year, 6 months, and 26 days of foreign service and his last major overseas command was in USAREUR
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the –

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* two overseas service bars 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

* item 30 (Remarks) the entry "Vietnam Service: None"  

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The instructions stated: 

* item 22c shows the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater or major command 
* item 26 shows a member's awards and decorations
* item 30 was used for mandatory requirements, when a separate block was not available, and as a continuation entry

7.  A review of the applicant's records indicates his entitlement to additional awards related to his Vietnam service. 

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in the Republic of Vietnam from on or about 29 October 1968 to on or about 24 October 1969, participation credit was awarded for the below listed campaigns.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam with the 372nd Radio Research Company his unit was cited for award of the:

* Meritorious Unit Commendation for service from 1 October 1969 to 31 December 1970 in Department of the General Orders (DAGO) Number 43, dated 1972 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 23 June 1969 to 30 September 1970 in DAGO Number 5, dated 1963
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1969 to 6 March 1971 in DAGO Number 6, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from or about 29 October 1968 to on or about 24 October 1969 and in USAREUR from on or about 17 January 1971 to on or about 16 August 1971.  His total foreign service and major overseas command are correctly listed in item 22c of his DD Form 214.  Item 30 incorrectly shows he had no foreign service in Vietnam.  Thus, it would be appropriate to correct his DD Form 214 to show his dates of service in Vietnam.  

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

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam; therefore, he is authorized four bronze service stars with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

BOARD VOTE:

__X______  __X______  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars with his already-awarded Vietnam Service Medal to his DD Form 214
* deleting the entry “Vietnam Service:  None" from item 30 of his DD Form 214 and adding the entry "Vietnam Service:  29 October 1968-24 October 1969"



      ___________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)                                         AR20150000089





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ABCMR Record of Proceedings (cont)                                         AR20150000089



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