IN THE CASE OF:	  

		BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150000134 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Vietnam and all his medals and decorations.

2.  The applicant states he served in Vietnam from 22 April 1968 to 22 April 1969 with Company A, 86th Engineer Battalion.  He also did not receive any medals during discharge processing.  He needs this correction for the purpose of health benefits.

3.  The applicant did not provide any additional evidence.

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's records show he was inducted into the Army of the United States on 17 November 1966 and he held military occupational specialty 12A (Pioneer).  He served in Germany under U.S. Army Europe (USAREUR) from on or about 21 May 1967 to on or about 28 February 1968.

3.  While in Germany, he was honorably discharged on 1 November 1967 for the purpose of immediate enlistment in the Regular Army.  His DD Form 214 for this period shows he completed 11 months and 16 days of active service.  It also shows in: 

* item 22c (Foreign and/or Sea Service), he completed 5 months and 11 days of foreign service under USAREUR
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  He enlisted in the Regular Army on 2 November 1967.  He completed his Germany service on or about 28 February 1968 and departed Germany on 29 February 1968.

5.  He served in Vietnam from on or about 24 April 1968 to on or about 30 March 1969.  He was assigned to Company A, 86th Engineer Battalion.

6.  He was honorably discharged on 22 May 1969 for the purpose of immediate reenlistment.  His DD Form 214 for this period shows he completed 1 year, 6 months, and 21 days of net active service this period.  It also shows in:

* item 22c, he completed 1 year, 4 months, and 12 days of foreign service and his last overseas theater or major command was U.S. Army Vietnam (USARV)
* item 24, he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, overseas service bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* item 30 (Remarks), no entry related to his service in Vietnam, Korea, or Indochina

7.  He reenlisted in the Regular Army on 23 May 1969.  He again served in Germany under USAREUR from on or about 6 September 1969 to on or about 17 July 1970.

8.  On 22 November 1969, he was convicted by a special court-martial of two specifications of breaking restriction.  He was reduced in rank, forfeited pay, and was restricted.  His sentence was approved on 25 November 1969. 

9.  His records show he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on:

* 2 September 1969, for being absent without leave from 11 July 1969 to 1 September 1969 
* 20 February 1970, for disobeying a lawful order and being absent from his unit 
* 27 March 1970, for failing to go at the time prescribed and disobeying a lawful order 

10.  On 10 April 1970, his chain of command initiated separation action against him under the provisions of paragraph 6 of Army Regulation 635-212 (Personnel Separations - Discharge - Unfitness and Unsuitability), by reason of unfitness.  After he was advised of his rights, a board of officers convened and found him undesirable.  The board of officers recommended his discharge by reason of unsuitability with the issuance of a discharge under honorable conditions (general).

11.  On 13 April 1970, the separation authority approved the findings and ordered the applicant discharged by reason of unsuitability with a general discharge.  Accordingly, the applicant was discharged on 18 July 1970.

12.  His DD Form 214 for this period shows he completed 1 year and 5 days of net service during this period and he had 52 days of lost time from 11 July to 31 August 1969.  It also shows in: 

* item 22c, he completed 10 months and 11 days of foreign service and his last overseas theater or major command was USAREUR
* item 24, he was awarded or authorized the National Defense Service Medal, two overseas service bars, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* item 30, no entry related to his service in Vietnam, Korea, or Indochina

13.  Army Regulation 635-5 (Separation Documents) establishes the 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.  Chapter 2, in effect at the time, contained guidance for preparation of the DD Form 214 and stated that item 22c shows the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed. 

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

	a.  The Republic of Vietnam 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

	b.  The Vietnam Service Medal 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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following four campaigns :

* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* 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)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 86th Engineer in Vietnam from on or about 24 April 1968 to on or about 30 March 1969, his unit was cited for award of the:

* Meritorious Unit Commendation for service from 1 May 1967 to 31 July 1968 in Department of the Army General Orders (DAGO) Number 17, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 22 October 1967 to 15 August 1969 in DAGO Number 43, dated 1970

16.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, USARV, and its subordinate units during the period 20 July 1965 to 28 March 1973.

17.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from on or about 24 April 1968 to on or about 30 March 1969.  His foreign service and the last major command (USARV) are captured in item 22c of his DD Form 214 covering the period 2 November 1967 through 22 May 1969, as required by the applicable regulation at the time.  However, there will be no harm to the Army or the applicant if his Vietnam service is also listed in item 30 of his DD Form 214 for the period ending 22 May 1969. 

2.  He served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and his DD Form 214 for the period ending 22 May 1969 should be corrected to show this award. 

3.  DAGO awarded his unit 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 which are not shown on his records.  Therefore, his DD Form 214 for the period ending 22 May 1969 should be corrected to show these unit awards. 

4.  He 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 Vietnam Service Medal and his DD Form 214 for the period ending 22 May 1969 should be corrected to show these bronze service stars.

5.  The applicant completed 1 year of foreign service in Vietnam.  This would have qualified him for two overseas service bars.  Therefore, his DD Form 214 for the period ending 22 May 1969 should be corrected to show two overseas service bars in lieu of the one shown.

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:

	a.  deleting award of the Vietnam Service Medal and one overseas service bar from his DD Form 214 for the period ending 22 May 1969,

	b.  adding the following awards to his DD Form 214 for the period ending 22 May 1969:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
* two overseas service bars

c.  adding the entry "Vietnam Service:  24 April 1968 to 30 March 1969" to item 30 of his DD Form 214 for the period ending 22 May 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)                                         AR20150000134



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ABCMR Record of Proceedings (cont)                                         AR20150000134



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